Los Angeles County District Attorney George Gascón spoke to Newsweek about the high-profile Menendez brothers’ case, following the discovery of new evidence that could offer the brothers a chance at justice.
Lyle, who was then 21, and Erik, then 18, admitted they shot their Hollywood executive father and mother because they feared their parents were about to kill them to prevent the disclosure of the father’s alleged long-term sexual molestation of Erik. The brothers shot their father, José Menendez, and their mother, Kitty Menendez, a total of 14 times during an attack inside their Beverly Hills home in 1989.
Gascón told Newsweek his office is currently reviewing a 1988 letter written by Erik Menendez to his cousin about the alleged sexual abuse he endured by his father. The new evidence also includes a statement from a former Menudo member who claims he was also sexually assaulted by Jose Menendez.
“There are people in my office who believe they should never get any relief, and others who believe they should,” Gascón said. “I have now decided we will go through a thorough process of investigating both the new evidence for habeas and whether they have been rehabilitated for resentencing.”
While Gascón has not yet determined an outcome, a hearing is scheduled for November 29. But the district attorney said he has a “complete open mind.”
Julie Markes/AP Photo
Initially, the brothers blamed the mob due to their father’s connections as a high profile entertainment executive, but the brutal nature of the crime suggested a more personal and emotionally driven motive.
In the first Menendez brothers’ trial, which began in 1993, Lyle and Erik Menendez the trial ended with two deadlocked juries, unable to agree on whether the brothers were guilty of murder or acted out of fear. This led to a mistrial and set the stage for a second trial in 1995.
Option One: Habeas Petition
Gascón said the brothers’ attorneys, Mark Geragos and Bryan Freedman, are presenting two options: a habeas petition or a resentencing.
A habeas petition is a legal action through which a person can challenge the legality of their detention or imprisonment.
It is a fundamental right, allowing an individual to seek…
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