Menendez brothers to appear in court for first time in 28 years – Boston News, Weather, Sports

(CNN) — Almost 30 years have passed since they were sentenced to life imprisonment for the murder of their parents. Lyle and Erik Menendez They are due in court Monday, the final step in their bid for release, after the Los Angeles County District Attorney advised them to resentence.

The brothers, who are currently incarcerated in California, are expected to appear virtually for the status hearing, which is scheduled to begin at 10:30 a.m. local time, although Judge Michael Jesic has the discretion to require them to do so. appears in person.

The hearing could help determine whether a resentencing hearing scheduled for next month will remain on schedule or be postponed because a new prosecutor is sworn in.

The two men were last seen in public during the second trial of their parents’ murder in 1996. After their first trial ended with two deadlocked juries, they were found guilty in a second trial and sentenced to life in prison without the possibility of parole.

The judge imposed strict restrictions on the courtroom for Monday’s hearing: Cameras are not allowed in court and all cell phones will be placed in sealed bags.

The 16 seats on the court will be made available to the public by lottery in the hours before the hearing. a newsletter From the Los Angeles Superior Court.

The brothers did not contest that they killed their parents during two trials. Instead, they argued that they killed them in self-defense after suffering years of sexual, emotional and physical abuse. Prosecutors, meanwhile, said the murders were premeditated, committed so the men could obtain their parents’ millions of dollars’ worth of property.

The effort to reexamine the case began in 2023, when another alleged victim said in the Peacock docuseries that she had been raped by the brothers’ father, Jose Menendez. Menendez brothers’ lawyers filed a habeas petition He asked the court to reconsider the conviction and sentence in light of new evidence from the other alleged victim and a letter Erik wrote about the abuse before the murders.

In October, Los Angeles County District Attorney George Gascón filed a petition. recommend a judge Anger at siblings, which may lead to their immediate release.

“Not only have they improved themselves, but they’ve also done a lot of work to improve the lives of those around them, which is unusual,” said Gascón, who has since lost his re-election bid to Nathan Hochman. he told CNN. “I believe they’ve had enough time.”

How did we get here

The decades-long legal proceedings date back to 1989, when RCA Records executive Jose Menendez and his wife, Kitty Menendez, were shot to death in their Beverly Hills home. Lyle was 21 and Erik was 18. Lyle I called 911 and said, “Someone killed my family.”

The two men were arrested in March 1990 and charged with first-degree murder. Both went to trial with a separate jury in 1993. The hearing was broadcast on Courthouse TV.

The brothers’ defense attorneys argued that the brothers feared for their lives after suffering years of abuse, especially at the hands of their father. While both defendants testified about the abuse they experienced, they said their fathers threatened to kill them if they did not keep the abuse secret. Meanwhile, prosecutors argued that the murders were planned in advance and that the brothers wanted to gain financial gain.

Both juries were deadlocked and unable to reach a verdict.

In 1995, the brothers’ retrial began; This time there was only one jury and no cameras in the courtroom. Much of the defense evidence regarding sexual abuse was excluded. defense lawyers. Both brothers were convicted of first-degree murder and sentenced to life in prison without the possibility of parole.

In an interview with CNN in October, Gascón has since said the two men were “model prisoners in every respect.” The brothers participated in victim impact programs, workshops and events and created numerous programs to help “those in need around them,” according to the outraged motion filed by Gascón.

After not seeing each other for decades, brothers reunited In 2018, when Lyle was transferred to the same housing unit of the San Diego prison as Erik.

“Menendez + Menudo: The Boys Betrayed,” a Peacock docuseries Released in 2023It led to calls for the brothers’ sentences to be reviewed. The series features the story of Roy Rosselló, a former member of the boy band Menudo, who claims that she was raped by Jose Menendez, then president of RCA Records, in the mid-1980s, when she was 13 or 14 years old.

Menendez brothers filed a lawsuit habeas corpus petition Shortly after the docuseries aired, references were made to Rosselló’s allegations and a letter Erik Menendez wrote to his cousin, which they said referenced harassment. “I never know when this will happen and it drives me crazy. “I stay up every night thinking he might break in,” Erik wrote in a 1988 letter. The petition states that the letter discovered in 2018 was not presented at either hearing.

In October, Gascón said he supported sentencing the brothers to life in prison with the possibility of parole, recommending that the brothers be resentenced for what would normally mean 50 years to life in prison. But because the crimes were committed when the brothers were under 26, they would be eligible for juvenile parole under California law.

district attorney said in October He stated that changing attitudes towards sexual abuse and trauma have changed the public’s perception of the incident.

“There’s no question that today’s jury will probably look at this case very differently than the jury did 35 years ago,” he told CNN.

The case also gained renewed attention due to the television series “Monsters: The Lyle and Erik Menendez Story.” Erik Menendez Criticized the portrayal of the brothers The series was described as “dishonest” and “demoralizing”.

Netflix also released a documentary In last month’s Menendez trial, both men were discussing what led to the killings.

what’s next

Gascon’s re-election bid fails created some uncertainty About the fate of the Menendez brothers. Hochman, the new L.A. County District Attorney and a former federal prosecutor who campaigned for a tougher stance on crime, will take office in early December. Hochman said he needed time to review secret prison files, trial transcripts and extensive exhibits, as well as consult with prosecutors, defense attorneys and family members of the victims.

“I will need to thoroughly learn the relevant facts, evidence, and law before making any decision regarding the Menendez brothers’ case,” Hochman said in a statement.

In an interview, Hochman said he would move “as quickly” as possible to review the case.

“If I ask for a delay, it will not be a delay just for the sake of delay, because I believe that the Menendez brothers, the aggrieved family members, and the public deserve a decision to be made as quickly and fully as possible. ” Hochman told CNN.

The hearing in the harassment case will be held on December 11.

There are other ways for the brothers to be released. Gascón also wrote letters to Governor Gavin Newson supporting the brothers in a clemency bid that would lead to their immediate release. However Newsom postpones any amnesty decision until Hochman reviews the case, according to a news release from his office.

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