Menendez Bros, who killed their parents in infamous ’90s case, could soon be out – National & International News – MON 21Oct2024

Lyle and Erik Menendez, who infamously killed their wealthy parents, have many supporters calling for their release due to allegations of sexual abuse by their father. Were the killings an act of “self-defense” as their attorneys claim, or were they driven by greed?

Menendez Bros, who killed their parents in infamous ’90s case, could soon be out

Lyle and Erik Menendez, who are currently serving life sentences for the infamous murder of their parents, could soon be released in light of evidence of years of sexual abuse against them by their father Jose.  

In 1989, Lyle and Erik, then 21 and 18, used two shotguns to kill their parents Jose and Kitty in their Beverly Hills home. Jose was shot six times, and Kitty 10 times. The brothers initially avoided suspicion but several months later, they were arrested and charged with first-degree murder. Their first trial began in 1993, but the jury deadlocked. Their second trial began in 1995, and Lyle and Erik were found guilty and sentenced to life in prison without parole. Unlike the first trial, during the second trial, the judge heavily restricted what evidence could be presented to substantiate the sexual abuse suffered by the brothers. 

In a 2023 documentary, another victim came forward alleging sexual abuse by Jose Menendez. The victim was Roy Rosello, a former member of the boy band Menudo. Rosello claimed that Jose, a powerful music industry executive at the time, sexually assaulted him in the ’80s when Rosello was a teenager. Additionally, a letter written by Erik Menendez to a cousin years before the murders has recently surfaced. In the letter, Erik, who was 13 at the time, wrote to his cousin, “Every night I stay up thinking he might come in,” apparently referring to Jose.

Calls for clemency

Last year, the brothers’ attorneys assembled the new evidence and submitted a writ of habeas corpus. The submission argues that the double murder was an act of “imperfect self-defense, after a lifetime of physical and sexual abuse from their parents”. The attorneys asked that their clients’ sentencing be reconsidered in light of the new evidence. 

Los Angeles County District Attorney George Gascon is currently considering whether to request resentencing the brothers. In a recent interview, Gascon stated that, “In light of the totality of the circumstances, I don’t think they deserve to be in prison until they die”. Gascon could announce his decision as soon as this week. If Gascon recommends resentencing, a judge could then potentially order a reduction in sentence, order a new trial, or even release the brothers with time served.

The brothers also have a lot of public support. The aforementioned documentary and a recent Netflix dramatization have rekindled interest in the case. If the brothers were tried today, their supporters say, they would not have received a life sentence, given greater awareness of the impact of chronic childhood sexual abuse. Members of both Jose’s and Kitty’s families agree. Last week, the family members held a press conference calling for Lyle and Erik’s release. 

Self-defense or greed?

Compared to the 1990s, there is certainly greater sensitivity to the trauma of sexual abuse (particularly with male victims). While this could be considered a mitigating factor in sentencing, there is plenty of reason to believe that the abuse had little to do with Lyle and Erik’s decision to murder their parents.  

Lyle and Erik have claimed that they killed their parents in self-defense. Allegedly, they feared that their parents were planning to kill them to prevent their years of sexual abuse from coming to light. This claim is undermined by the fact that Jose and Kitty were sitting on the couch watching television when the shooting began. The brothers also bought the two shotguns used in the crime just a couple of days before the crime, suggesting premeditation.

Additionally, the 1995 jury heard testimony that Jose had been planning to disinherit his sons before the killings, and that Lyle and Erik were aware of this. At the time of his death, Jose Menendez’s estate was worth approximately $14 million (about $35 million in 2024 terms). 

After the killings, both Lyle and Erik spent their parents’ money lavishly. The young men splashed out on luxury items such as Rolex watches and sports cars, as well as indulging in luxury travel and investing in several businesses. 

It was the brothers’ outlandish spending and apparent callousness about their parents’ brutal deaths that caused law enforcement to regard them as suspects in the first place. Due to the brutality of the crime and Jose’s unsavory business connections, investigators initially believed that the crime was a mob hit.

There is at least one family member, Kitty’s brother Milton Anderson, who is not as eager to see them released. Other doubters have accused DA Gascon of playing politics with the case, seizing on a popular cause ahead of tight re-election next month.