What you need to know about the Menéndez brothers' request for a new sentence

The situation of Erik and Lyle Menéndez attracted media attention 30 years after their sentence for the murder of their parents and after the resurfacing of new evidence, a judge will review the process to decide if they could be released from prison. What's next in the famous case and who are those involved?

Erik and Lyle Menendez They will have to wait until next year for a decision to be made on whether they should be able to be released from prison more than 30 years after killing their parents, a judge said.

The shotgun murders of José and Kitty Menéndez on August 20, 1989 in their Beverly Hills mansion captured public attention. Prosecutors argued that the Menendez brothers killed their parents for financial gain. Lawyers for the brothers never denied that the couple killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse by their father.

After an initial mistrial, the brothers were convicted of murder and sentenced to life in prison without the possibility of parole.

Los Angeles County prosecutors recommended the brothers' resentencing last month, arguing that they had demonstrated good behavior and rehabilitation in prison. They have the support of their family, and lawyers have presented new evidence of the sexual abuse the brothers allege they suffered at the hands of their father.

Here are some things to know about the case:

What happened on Monday?

Los Angeles County Superior Court Judge Michael Jesic held a hearing to review the Menendez brothers' request for freedom.

His lawyers first filed a habeas corpus petition (a request for a court to examine whether someone is lawfully detained) in May 2023, asking a judge to consider new evidence of his father's alleged sexual abuse.

After the renewed public interest in the case Since the recent release of the Netflix drama and documentary, Los Angeles District Attorney George Gascón asked the judge to give the brothers a new sentence of 50 years to life in prison, which could make them immediately eligible for parole. because they were under 26 years old when their parents were killed.

On Monday, however, Jesic said he could not move forward with the hearing scheduled for December 11 due to the amount of evidence he needed to review. He postponed the hearing to January 30.

Who supports the release of the brothers?

Erik and Lyle Menéndez have the support of almost his entire extended familywho met to call for his release last month.

The brothers' two aunts took the stand Monday to support their release. Joan Andersen VanderMolen, Kitty Menéndez's sister who turns 93 on Tuesday, and Teresita Baralt, José's older sister who is 85, said they wanted their nephews to come home. They said they had maintained contact with the brothers while they were in prison, although they had not seen them in person for years.

Andersen VanderMolen said the abuse Erik and Lyle Menendez had to endure was “inconceivable.”

Baralt noted that she was close to José and lived for years across the street from him and Kitty, whom Baralt described as her best friend.

“We miss those who are gone very much,” Baralt testified through tears. “But we also miss the kids.”

What might the judge consider?

The judge could consider new evidence that the brothers' attorneys say corroborates their allegations that their father sexually abused them. Much of the evidence and testimony from family members related to the alleged abuse was excluded during the trial that ultimately convicted them.

The brothers' lawyers said the new evidence includes a letter that Erik Menendez wrote in 1988, the year before the murders, to his uncle Andy Cano, in which he described the sexual abuse he had suffered at the hands of his father. The brothers asked their lawyers about it after it was mentioned on a Barbara Walters television special in 2015. The lawyers were unaware of the letter and realized it had not been presented at their trials.

More new evidence emerged when Roy Rosselló, a former member of the Latin pop group Menudo, recently came forward and said that José Menéndez drugged and raped him when Rosselló was a teenager in the 1980s. Menudo was signed to RCA Records, where José Menéndez was the director of operations. Rosselló spoke about his abuse on the Peacock docuseries “Menéndez + Menudo: Boys Betrayed” and provided a signed statement to the brothers' attorneys.

The judge may also consider the brothers' prison history.

In a document filed by the district attorney's office recommending new sentencing, prosecutors noted the brothers' educational achievements (both have earned several degrees) and contributions to the community. One of them is a GreenSpace prison beautification program started by Lyle Menendez. Both brothers also received low-risk assessment scores, and the document notes that Lyle had not been in a single fight during his 30 years in prison.

Who else could comment?

Prosecutors who believe the brothers should not be freed are expected to present their own arguments to the judge.

Lawyers for the brothers have filed papers asking for clemency from California Governor Gavin Newsom, who has the power to release them. However, Newsom said last week that he will not make a decision until new Los Angeles County District Attorney Nathan Hochman, who takes office Dec. 2, has a chance to review the case.

Hochman, a Republican-turned-independent who unseated the progressive Gascón, said the judge's decision to delay the hearing will give him enough time to “review extensive prison records, transcripts of two lengthy trials and voluminous evidence.” , as well as to consult with prosecutors, law enforcement, defense attorneys and victims' families.”