The Menendez brothers’ possible freedom may come from a surprising source

The The case of the Menendez brothers has been of public interest for over three decades. In March 1990, they were charged and later convicted on two counts: the murder of their father, Jose Menendez, and the murder of their mother, Kitty Menendez, both of which occurred in 1989.

One of the most watched cases at the time, viewers saw Erik and Lyle Menendez sentenced to life in prison without the possibility of parole. Now, in 2024, their names are back in the spotlight, among the Netflix documentary and a fictional story about their crimes and subsequent sentence.

Following these streaming events on Thursday, October 24, 2024. their true story made headlines in real time as Los Angeles District Attorney George Gascon filed a motion to punish the siblings.

MENENDEZ BROTHERS ASK CALIFORNIA GOVERNMENT. A MESSAGE FOR GRACE

This application and announcement was made after learning of allegedly new evidence presented by defense lawyers in connection with the molestation of their father, in addition to applicable California law. While Gascon said his office is divided on whether the brothers’ current sentence should be upheld, a hearing will be held in the next few weeks.

Erik Menendez (left) and his brother Lyle (right) listen during a pretrial hearing in Los Angeles on December 29, 1992, after they both pleaded innocent in connection with the August deaths of their wealthy parents, Jose and Mary Louise Menendez 1989 from Beverly Hills, California. (Vince Bucci/AFP via Getty Images)

Juvenile parole under California law

Because the crimes occurred when the brothers were under 26, they would have been eligible for punishment California AB1104adopted on October 8, 2023. The Act provides:

“…the court may also impose on the accused a sentence less than the original sentence if any of the following factors contributed to the commission of the offense charged:

(A) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

(B) The person is or was a juvenile within the meaning of subdivision (b) of Section 1016.7 at the time of the offense.

(C) Before or at the time of the offense, the person is or has been a victim of intimate partner violence or human trafficking.”

At the time of the original verdict, the brothers did not deny murdering their parents, but argued that they had acted in self-defense after being physically and sexually abused by their father throughout their lives.

The first trial was televised and ended in a mistrial after jurors could not reach a unanimous decision on whether the brothers should be charged with manslaughter or first-degree murder.

In the second trial, important defense evidence regarding alleged sexual abuse was excluded, which could have led to a completely different result.

Lyle Menendez (left) and his brother Erik in the latest CDCR photos taken on October 10, 2024. (California Department of Corrections and Rehabilitation)

Habeas corpus petition presents new evidence

AND habeas corpus petition was filed in May 2023 in Los Angeles Superior Court by defense attorneys Mark Geragos and Cliff Gardner, who presented purportedly new defense evidence, including a letter that Erik Menendez wrote to his cousin, Andy Cano, in December 1998, detailing months of abuse from his father.

The petition also includes “testimony from family members, close friends, and various coaches and teachers who, during the initial trial, described numerous incidents of physical and psychological abuse they witnessed as Lyle and Erik suffered at the hands of their parents.”

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In addition to these updates, Gascon’s conclusion presented the brothers’ rehabilitation efforts in prison, commenting on their “work ethic, professionalism and making significant contributions to the betterment of the community in which they live.”

Gascon’s motion to withdraw the case and express contrition states: “The citizens respectfully request this court to reverse the judgment of the Defendants and express their regret pursuant to Art. 1172.1 of the Penal Code”, pursuant to the Defendants’ demonstration of “exceptional post-conviction conduct” intended to reduce their sentence to life imprisonment through the possibility of parole.

At the time of the original sentencing, the brothers did not deny murdering their parents, but argued that they had acted in self-defense after being physically and sexually abused by their father throughout their lives.

There is a legal path ahead of us

We hope that the motion to set aside the judgment will be considered by the judge within the next 30-45 days. However, making such a request is the first step in a series of hurdles that must be overcome before you can express your grudge. Once a hearing is scheduled, the defense will decide whether the brothers will be physically present at the hearing or appear virtually. Los Angeles Superior Court Judge William Ryan will hear the case and issue a ruling on the matter.

If Judge Ryan grants the petition, the decision will go to the state parole board before a final appearance before Democratic California Gov. Gavin Newsom. Under the California Constitution, the governor has the authority to block a parole board decision if he believes there is a possibility. “unreasonable risk to society.”

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The review process can take up to 150 days from the parole board hearing. While the district attorney’s filing has filled supporters of the Menendez brothers with hope, they may prematurely expect to be released and return home before Thanksgiving.

Either way, it’s a surprising development in a case that has captured the attention of the American public for 34 years and provides another example of what victory can bring to those fighting for restorative justice and prison reform.

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