Menendez Brothers: Three Ways They Could Be Released · Global Voices

Lyle and Eric, convicted of killing their parents and becoming a documentary on Netflix, are increasingly close to being released prematurely after 34 years behind prison bars. The 1989 murders of Kitty and José Menendez at their Beverly Hills mansion by their children, the Menendez brothers as they were left to be called, have been employing public opinion in the US for years, while recently inspired Netflix’s popular series. The 1989 murder case came to light again this fall, when Los Angeles County’s highest prosecutor George Gascon approved the request for a new trial. Prosecutors can make recommendations, but the court will finally have the final reason for the fate of the Menendez brothers. The final decision on their freedom of Lyle and Eric, is made by the judge and then the parole board should approve their release. Brothers will appear in court by video call today Monday (25.11.2024) to discuss the next steps in their case. Who wants Menendez brothers to be released The brothers had confessed to the murders, but in their trial they claimed to have been victims of repeated sexual attacks by their father José Menendez. As they testified, they lived in a state of fear even for their own life. On August 20, 1989, they were armed with shotguns, having decided to kill their father. But their anger did not escape their mother, since, according to them, she knew the nightmare they were living, but she preferred to keep her family together. Celebritys such as Kim Kardashian and Rosie O’Donnell have publicly supported the liberation of the brothers. Also many members of the Menendez family have publicly appealed for the release of Eric and Lyle, aged 53 and 56 today. These family members claimed that the boys suffered terrible sexual abuse from their father and are not a threat to society. Kitty Menendez’s sister, Joan Anderson VanderMolen, argued that “the whole world was not ready to believe that boys could be raped or that young men could be victims of sexual violence.” He said that today “we know better” and that “the jury today would never issue such a cruel sentence.” But the family doesn’t entirely agree. Her brother Kitty Menendez’s lawyer, Milton Andersen, described the brothers as “cold” and stated that “their actions destroyed their family and left a trace of grief going on for decades.” “Jose shot six times and Kitty shot 10 times, including a shooting on her face after Eric filled the shotgun again”. Mr Andersen believes that his nephews should remain in prison for their “abominable act”, according to his lawyer, Kathy Cady. Retrial of the Menendez case may lead to release Current Los Angeles County prosecutor George Gascon agreed to reconsider the case at the end of October and recommended that the Menendez brothers be reinstated with a lower sentence that would possibly lead to their parole. Gascon said his decision was influenced by various factors, such as both being a model of prisoners. Gascon also noted that with today’s deeper understanding of the effects of sexual and physical abuse on children, he believes the trial would likely have a different approach. However, Gascon critics say he chose to engage in the case only as a last attempt to help his percentages in polls for his re-election. His defeat, by Nathan Hochman, resulted in the case being found in the “air”. The new prosecutor promised he’d be tougher on the crime. He undertakes his duties on December 2, and a critical hearing to consider the possible new conviction of the Menendez brothers is scheduled for December 11. The change in the leadership of the prosecutor’s office has raised questions about the future of the case. Mr Hochman said he did not want to delay the re-condemnation hearing on 11 December, but he may have to do so so so that he had sufficient time to review the case. He also wondered about the role of politics in Gascon’s decision to support their recondemnation. If the judge finally approves the reimbursement of their sentence, the case will be forwarded to a parole committee, which will decide whether they can be released on parole. The committee will read their psychological evaluations, examine the letters of investigators and hear the testimonies of surviving family members. Other ways to freedom The case has garnered widespread interest and led the court to announce that it will hold a draw to determine which members of the public can attend Monday’s hearing. Only 16 places are available. The county hosts more than 10 million people. If their application for a new conviction fails, they shall seek other ways that could lead to their release, such as: Leniency : The defense advocate of the Menendez brothers, Mark Gerangos, submitted a request for clemency to Governor Gavin Newsom, opening a second possible path to freedom. Leniency could mean a reduced sentence or even grace, but it would not overturn the sentences of the brothers. However, the governor said that any decision he made would be based on what the newly elected prosecutor will decide after the case was fully examined. Habeas Corpus : The last road of the Menendez brothers to freedom depends on the application for habeas corpus filed last year, which seeks to review new evidence that was not presented at the trial. It is claimed that sentences and prison sentences are unconstitutional in the light of new evidence – as they argue – that brothers have been victims of sexual abuse in their childhood by their father. This includes the allegations of former member of the popular boy band Puerto Rican band, Roy Rosselló, who claimed in the 2023 documentary “Menedez + Menudo: Boys Berayed”, that Father Menendez raped him. Another evidence is a letter written by Eric Menendez to his cousin eight months before the murders, in which he reveals the chronic abuse he experienced by his father. Using the new evidence, the petition seeks to cancel their first-degree murder convictions, seeking a lighter charge, such as manslaughter by negligence, which could lead to early release.