Menendez Brothers: What you need to know about the case, the re-sentencing and what’s next

LOS ANGELES (AP) – District Attorney Los Angeles County has recommended resentencing For Eric and Lyle Menendez who were convicted of murdering their parents in 1989 and may now have a path to freedom after spending 34 years behind bars.

Here’s what you need to know about this case:

What happened in the infamous 1989 murder case?

The shotgun murders of Jose and Kitty Menendez occurred on August 20, 1989, in their Beverly Hills mansion. Their son Lyle Menendez called 911, with the brothers initially claiming the murder was related to the Mafia or their father’s business dealings. The brothers continued to go out, buying Rolex watches, cars and houses. Two months later, Erik Menendez told his psychologist Jerome Oziel that he and his brother killed their parents. They were eventually arrested and charged with their parents’ deaths.

CONNECTED: Menendez Brothers: Resentencing Recommended by Los Angeles District Attorney Gascón

The murder case attracted public attention. After the OJ Simpson trial, the nation was hungry for true crime television. The brothers’ first trial was one of the first to be televised almost entirely by Court TV. It has spawned documentaries, television shows and dramatizations. The Netflix drama “Monsters: The Lyle and Erik Menendez Story” and the fall 2024 documentary “The Menendez Brothers” have been credited in recent weeks with bringing new attention to the case.

Why were there two trials?

The brothers’ first trial took place in 1993, with separate juries. Prosecutors argued they killed their parents for financial gain. The brothers’ lawyers never disputed that the couple killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse at the hands of their father.

In both trials, jurors returned verdicts on all three counts of murder in the murders of Jose and Kitty Menendez, as well as conspiracy to commit murder. The jury was divided over the murder and manslaughter convictions.

At the second trial in 1995, the judge excluded a significant amount of evidence that had been heard at the first trial, including testimony from several family members who had witnessed or heard about the abuse. Prosecutors strengthened their assertions that no abuse occurred. A single jury found both brothers guilty of three counts, including first-degree murder, as well as ambush and special circumstances charges. In 1996, they were sentenced to life in prison without parole.

Why were there two trials?

The brothers’ first trial took place in 1993, with separate juries. Prosecutors argued they killed their parents for financial gain. The brothers’ lawyers never disputed that the couple killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse at the hands of their father.

In both trials, jurors returned verdicts on all three counts of murder in the murders of Jose and Kitty Menendez, as well as conspiracy to commit murder. The jury was divided over the murder and manslaughter convictions.

At the second trial in 1995, the judge excluded a significant amount of evidence that had been heard at the first trial, including testimony from several family members who had witnessed or heard about the abuse. Prosecutors strengthened their assertions that no abuse occurred. A single jury found both brothers guilty of three counts, including first-degree murder and suspense and special circumstances. In 1996, they were sentenced to life in prison without parole.

How did the new evidence help the brothers?

In 2015, the brothers heard about a letter from Erik Menendez to his uncle Andy Cano that was mentioned in a Barbara Walters television special. When they asked their lawyers about it, the lawyers were unaware of the letter and realized that it had not been presented at any trial, making it effectively new evidence.

The letter, lawyers say, supports allegations that Eric was sexually abused by his father.

Roy Rosselló, a former member of the Latin pop group Menudo, recently alleged that he was drugged and raped by Jose Menendez, the boys’ father, as a teenager in the 1980s. Menudo was signed to RCA Records, which was headed by Jose Menendez at the time.

Rossello spoke about his abuse in Peacock’s documentary series Menendez + Menudo: The Devoted Boys. He provided the brothers’ lawyers with a signed statement, the final piece of evidence they needed to file a new petition for habeas corpus in May 2023 and a motion for reconsideration.

What does the current Los Angeles prosecutor say?

Los Angeles County prosecutors recommended the brothers receive new sentences of 50 years to life in prison. Because they were under 26 years old when the crimes were committed, they were eligible for immediate parole under a California law that took effect in 2018.

District Attorney George Gascón said he took several factors into account in making his decision, including the brothers’ rehabilitation in prison. In documents submitted by his office, prosecutors pointed to both brothers’ educational achievements (both have multiple degrees) and contributions to the community, such as the GreenSpace prison improvement program started by Lyle Menendez. Both brothers also received low-risk assessments.

CONNECTED: Menendez brothers ‘probably will leave,’ says former federal prosecutor

Gascón also said that with today’s understanding of how sexual and physical abuse affects children, the trial would have been handled differently.

The brothers have strong support from most of their family, who say they were victims who were vilified. However, one of their uncles wants them to remain in prison.

What happens next?

The motion to resentence will now be heard by a Los Angeles County Superior Court judge. However, legal experts say the process will not be smooth.

Gascón faces dissent within his own office over the decision, with one family member not in favor of resentencing. They will have the opportunity to present their arguments before the judge.

PROPOSED: What’s next for the Menendez brothers?

If he agrees to the resentencing recommendation, the brothers will need the state parole board to approve their release. California Gov. Gavin Newsom has 150 days to review the parole board’s decision.