Menendez Brothers Resentencing Bid Under Review, Says DA Gascón

Los Angeles County District Attorney George Gascón announced that his office is thoroughly reviewing the Menendez brothers' petition for release following new evidence, though he remains undecided on the matter. The brothers, Lyle and Erik Menendez, were convicted of the 1989 murders of their parents, Jose and Kitty Menendez, and have been serving life sentences since 1996.

At a press conference, Gascón said, "I'm not leaning in any direction right now. We have people in the office that are looking at this very carefully, very experienced lawyers... but the final decision will be mine." His office’s examination of the new evidence presented in May 2023 includes sexual abuse allegations made by former Menudo band member Roy Rosselló against Jose Menendez, as well as a letter Erik Menendez wrote to his cousin that reportedly details his father's alleged abuse.

While Gascón acknowledged the gravity of the sexual abuse claims, he emphasized that no conclusions have been drawn by his office yet. "We are not at this point ready to say that we either believe or do not believe that information," he said, adding, "We have a moral and an ethical obligation to review what is being presented to us."

The Menendez brothers, who were 21 and 18 at the time of the killings, have long maintained that their father’s years of sexual abuse drove them to commit the murders. However, prosecutors at the time argued that the real motive behind the killings was greed, pointing to the brothers’ lavish spending spree following the deaths, which included purchasing expensive watches, cars, and tennis lessons.

Gascón acknowledged that opinions within his office on the brothers' case are divided. "There are differences of opinion within the office and that is a healthy part of the process," he explained. "There are people in the office that would tell you this case should never be either resentenced nor a habeas should be granted. There are other people... who believe this should be evaluated carefully."

The new evidence includes Rosselló’s allegations that he was sexually abused by Jose Menendez in the 1980s, and the discovery of Erik’s letter to his now-deceased cousin, which details the alleged sexual abuse. These pieces of evidence were not available during the original trial, and Gascón indicated that if such evidence had been presented, it might have led the jury to a different conclusion.

Despite the weight of the new claims, Gascón made it clear that his office has not yet confirmed the validity of the evidence. "We're not saying that there was anything wrong with the original trial," he noted.

A hearing has been scheduled for Nov. 26 to determine whether the brothers will be resentenced or granted a new trial. Gascón emphasized that his decision would come only after careful review and consultation with his team. "I will make the final decision based on all those conversations," he said.

The Menendez brothers’ case gained renewed attention in recent years, especially following the release of a Netflix documentary that explored their side of the story. In the documentary, both brothers expressed their hope that the new evidence would lead to their release. Mark Geragos, the brothers' post-conviction attorney, said they are “cautiously optimistic” that their petition will succeed.

Gascón suggested that today’s legal system might approach such cases with more sensitivity than in the past. "There is no question that today there would have been a greater level of sensitivity to the way the case was looked at," he said when asked if the case would be handled differently today.

The Menendez brothers' legal team hopes the new evidence will be enough to convince the court that a reevaluation of the case is warranted, with their ultimate goal being their release after more than three decades behind bars.
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