What to know about the Menendez brothers' bid for freedom

The district attorney of Los Angeles County has recommended resentencing for Erik and Lyle Menendez who were convicted for killing their parents in 1989 and may now have a pathway to freedom after spending 34 years behind bars

The district attorney of Los Angeles County has recommended resentencing for Erik and Lyle Menendez who were convicted for killing their parents in 1989 and may now have a pathway to freedom after spending 34 years behind bars.

Here are some things to know about the case:

What happened in the notorious 1989 murder case?

The shotgun killings of Jose and Kitty Menendez took place on Aug. 20, 1989, in their Beverly Hills mansion. Their son Lyle Menendez was the one who called 911, with brothers initially claiming the killing was Mafia-related or connected to their father's business dealings. The brothers went on spending sprees, 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 in their parents' deaths.

The murder case captured the public's attention. Coming on the heels of the O.J. Simpson trial, the nation was hungry for true crime TV. The brothers' first trial was one of the first to be almost entirely televised on Court TV. It spawned documentaries, television specials and dramatizations. The Netflix drama “ Monsters: Lyle and Erik Menendez Story " and the documentary “The Menendez Brothers," released in the fall of 2024, have been credited in recent weeks for bringing new attention to the case.

Why were there two trials?

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

Both trials resulted in a hung jury on all three counts for the killing of Jose and Kitty Menendez, and the conspiracy to commit murder. The juries were split over murder and manslaughter convictions.

At the second trial in 1995, the judge excluded a substantial amount of evidence that was heard in the first trial, including testimony from several family members who witnessed or heard about the abuse. Prosecutors doubled down on their claim that no abuse happened. A single jury convicted both brothers of three counts, including first-degree murder, plus lying in-wait and special circumstance allegations. They were sentenced to life without parole in 1996.

What about the appeals process?

In the years that followed, the brothers' repeatedly appealed their convictions. In 1998, they were denied by an appellate court and the California Supreme Court. Their petitions for habeas corpus, a request for a court to examine whether someone is being lawfully detained, were denied by the state Supreme Court.

After exhausting their options in state court, they filed petitions in federal court, which were denied. They then appealed in 2005 to the Ninth Circuit Court of Appeals, which denied them again.

Their attorney said after that appeal failed, they resigned themselves to spending the rest of their lives in prison.

How has new evidence helped the brothers?

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

This letter, attorneys say, corroborates the allegations that Erik was sexually abused by his father.

Roy Rossello, a former member of the Latin pop group Menudo, recently came forward saying he was drugged and raped by Jose Menendez, the boys’ father, when he was a teen in the 1980s. Menudo was signed under RCA Records, which Jose Menendez headed at the time.

Rossello spoke about his abuse in the Peacock docuseries “Menendez + Menudo: Boys Betrayed.” He provided a signed declaration to the brothers' lawyers, the final piece of evidence needed for them to file a new petition for habeas corpus in May 2023 and ask for a reexamination of the case.

What does the current LA prosecutor say?

Los Angeles County prosecutors have recommended that the brothers receive a new sentence of 50 years to life. Because they were under 26 years old at the time of the crimes, they would be eligible for parole immediately under a California law that went into effect in 2018.

District Attorney George Gascón said he took several factors into consideration when making the decision, including the brothers' rehabilitation in prison. In documents filed by his office, prosecutors pointed to both brothers' educational achievements — both have attained several degrees — and contributions to the community, such as a GreenSpace prison beautification program started by Lyle Menendez. Both brothers also received low-risk assessment scores.

Gascón also said the trial would have been treated differently with today's understanding of how sexual and physical abuse affects children.

The brothers have the strong support of most of their family, who say they were victims that were vilified. One of their uncles, however, wants them to remain in prison.

What happens next?

The petition for resentencing will now be reviewed by a Los Angeles County Superior Court judge. Legal experts say it won’t be a smooth process though.

Gascón faces dissent from within his own office regarding the decision, and one of the family members does not support resentencing. They will have an opportunity to make their arguments heard in front of a judge.

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