Will the DA Back a Resentencing for the Menendez Brothers? A Shift in Understanding of Sexual Violence

Erik and Lyle Menendez, convicted of first-degree murder for the 1989 killings of their parents, have spent decades in prison, serving life sentences without the possibility of parole. However, recent developments may lead to a reconsideration of their case. Los Angeles County District Attorney George Gascón announced on October 16 that his office is reviewing new evidence, pointing to a “more contemporary understanding of sexual violence” as a key factor in the case’s potential reconsideration.

The DA’s Statement and Shift in Perspective

“Our office has cultivated a more contemporary understanding of sexual violence since the Menendez brothers were initially prosecuted,” Gascón said in a public statement. He acknowledged that today's approach to sexual abuse cases differs significantly from the late 1980s and early '90s. “We now understand that sexual violence affects individuals of all genders, and we are committed to supporting all victims as they navigate the long-lasting effects of trauma.”

This shift comes amid growing calls from family members and advocates to reconsider the Menendez brothers' claim that their actions stemmed from years of sexual abuse by their father, Jose Menendez. During a press conference held outside the Clara Shortridge Foltz Criminal Justice Center, family members reiterated their support for the brothers, urging the court to recognize them as victims rather than murderers.

Karen VanderMolen, the niece of Kitty Menendez, spoke passionately about the brothers’ experiences: “I have always believed that Lyle and Erik were victims of their father’s abuse. No child should endure what they went through. Their father’s abuse destroyed their lives, and the court’s failure to acknowledge their trauma only compounded the tragedy."

New Evidence and the Habeas Corpus Petition

The case has seen renewed interest since May 2023, when the brothers’ attorneys filed a Habeas Corpus petition citing new evidence. One of the most notable pieces of evidence comes from Roy Rosselló, a former member of the Puerto Rican boy band Menudo, who accused Jose Menendez of raping him in the 1980s. Additionally, a recently uncovered letter from Erik to his late cousin, Andy Cano, detailed the sexual abuse Erik allegedly endured at the hands of his father, just months before the murders took place.

In an October 3 press conference, Gascón expressed that his office is keeping an "open mind" regarding the brothers' petition. While he acknowledged that Erik and Lyle "were clearly the murderers," he emphasized that his office has “a moral and ethical obligation” to review whether this new evidence could have swayed jurors during their original trials.

The Path to Resentencing

Gascón’s resentencing unit is now examining the case with a focus on both the new evidence and the Menendez brothers’ conduct during their time in prison. “Although the habeas filing brings up questions about the evidence from the earlier trials, the Resentencing Unit is concentrating on the individuals’ rehabilitation and conduct during their time served,” Gascón noted.

NBC4 reported that Gascón aims to reach a decision within the next 10 days, but the ultimate outcome rests with the courts. A hearing is set for November 26, where a judge will decide whether the brothers remain incarcerated, receive a new trial, or have their sentences reduced.

Related: The Menendez Brothers' Money

The Original Crime and Its Aftermath

The Menendez brothers were just 21 and 18 years old when they shot their parents, Jose and Kitty Menendez, in their Beverly Hills home on August 20, 1989. Jose, a wealthy entertainment executive, was shot multiple times, including once in the head. Kitty was also fatally shot after being struck by several bullets, one of which hit her in the face.

During their trial, the brothers claimed they killed their parents out of fear, following years of sexual abuse at the hands of their father—a claim that their mother, a former beauty queen, allegedly ignored. However, the prosecution argued that their real motive was greed, noting the brothers’ lavish spending spree after the murders.

What’s Next for the Menendez Brothers?

With new evidence shedding light on possible abuse, the case has sparked widespread debate about the impact of trauma on criminal behavior. As Gascón’s office continues its review, the possibility of a resentencing for Erik and Lyle Menendez remains on the table. What was once a high-profile case of brutal murder could be reexamined under today’s evolving understanding of sexual violence and its long-term effects.

The coming weeks will reveal whether this shift in perspective will change the fate of the Menendez brothers, potentially opening the door to a different future—one shaped by a deeper understanding of the trauma they claim to have endured.

Related: Fact-Checking ‘Monsters: The Lyle and Erik Menendez Story’: Fact v Fiction

Conclusion

As the Menendez brothers' case heads towards possible resentencing, the evolution in how the legal system approaches sexual violence could prove pivotal. The outcome may not only reshape their lives but also set a precedent for how courts handle cases involving trauma, abuse, and violent crime. The world will be watching closely as this complex, decades-old case unfolds once again.