Menendez brothers seeking new trial over additional evidence found

The brothers filed a habeas corpus petition last year to review two pieces of evidence that were previously unavailable, ABC reported

By COREY TUSAK NOVEMBER 29, 2024 12:56

Erik Menendez, left, and Lyle Menendez, during a pre-trial hearing in Los Angeles, on Dec. 29, 1992. (photo credit: Vince Bucci / AFP via Getty Images)

The Menendez brothers, convicted of murdering their parents in 1989, are seeking a new trial following the emergence of new evidence, leading to a status hearing, ABC reported on Monday.

The brothers filed a habeas corpus petition last year to review two pieces of evidence that were previously unavailable, ABC reported. The hearing took place on Sunday, with the brothers attending via video call as two of their aunts testified in court.

The presiding judge, Michael Jesic, allowed testimony from Joan VanderMolen, their mother’s sister, and Terry Baralt, their father’s sister, according to the ABC. Defense attorney Mark Geragos described the aunts’ testimony as “heartfelt pleas to the judge to return the brothers home,” calling it a “moving experience,” ABC reported.

“No child should have to endure what Eric and Lyle had at the hands of their father,” VanderMolen said. “It breaks my heart that Kitty knew and did nothing about it. They never knew if tonight was the night they would be raped. No child should have to live day by day knowing that at night their dad would come and rape them. It is unconscionable,” VanderMolen testified, according to ABC.

VanderMolen acknowledged that their uncle, Milton Andersen, opposes their release.

Lyle, left, and Erik Menendez during a court appearance in 1990. The brothers were convicted of murder in the killings of their parents. (credit: Nick Ut/Associated Press)

Hearing rescheduled 

The next hearing for Lyle and Erik Menendez has been rescheduled for January to discuss resentencing. Judge Jesic said he wanted to allow newly elected Los Angeles District Attorney Nathan Hochman time to review the 17 boxes of files on the case.

Hochman said, “This rescheduling will provide me with sufficient time to review the extensive prison records, transcripts of two lengthy trials, and voluminous exhibits, as well as consult with prosecutors, law enforcement, defense counsel, and victim family members. I look forward to thoroughly reviewing all the facts and the law to reach a fair and just decision and then defend it in court,” ABC said.

The habeas corpus petition centers on two new pieces of evidence, according to ABC. The first is an allegation from a former member of the Latin boy band Menudo, who accused Jose Menendez, the brothers’ father, of sexual abuse.

The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders, detailing alleged abuse by their father. Although the cousin testified on their behalf, the letter was not found during the original trials but was uncovered several years ago, Geragos said, according to ABC.

Geragos added, “By Jan. 30 or 31, we’re hoping to get the brothers released."

---

---

The petition aims for resentencing, which could result in the brothers’ release. Former Los Angeles District Attorney George Gascón recommended last month that their life sentences without parole be changed to 50 years to life for murder. Under the revised sentence, both would be eligible for immediate parole, as they were under 26 at the time of the crimes.

However, shortly after Gascón’s announcement, he lost reelection to Hochman, who has said he plans to review the evidence before deciding on resentencing, ABC said.

The Menendez brothers have also requested clemency from California Governor Gavin Newsom. Newsom has said he will defer to the district attorney’s review of the case before making any decision.

In 1989, Lyle, 21, and Erik, 18, Menendez killed their parents, Jose and Kitty, in their Beverly Hills home. The defense argued the murders were an act of self-defense after years of sexual abuse, while prosecutors claimed financial gain was the motive.

The first trial ended in mistrials, but in 1996, after much of the abuse evidence was excluded, the brothers were convicted and sentenced to life without parole.