Kat Piantka | Newsroom Manager & Head Editor
October 31, 2024
On October 24, 2024, Los Angeles County District Attorney (DA) George Gascón announced that a resurfacing of new evidence and changes in attitude towards sexual abuse of boys led him to recommend a retrial of the Menendez brothers with a potential re-sentence.
This news raised mixed feelings worldwide. Some shared their enthusiasm for this announcement, others condemned the decision, arguing that cold-blood murders should not be allowed back into society. Even Gascón’s team has varying opinions on whether José Menendez molested the brothers throughout their lives. However, Erik (age 53) and Lyle (age 56) Menendez feel they have changed in the past 35 years in jail and correctional facilities and want to demonstrate to society that their impulsive reactions made out of honest fear should not determine how they are perceived for the remainder of their lives. It will be up to the DA and his team to motion to prove they are no longer a threat to society and have served their time.
The Los Angeles Times reports, “Both brothers got married and obtained college degrees in prison.” Additionally, they have proved to leave an influential impact on other inmates with “mediation groups” and the “green space project” (the Los Angeles Times). How can Erik, an avid painter, and Lyle, an advocate for improving prison living conditions and an inspirational figure who has inspired other victims to speak out and share their stories of molestation, still be perceived as the same individuals who murdered Kitty and José Menendez? Even their family members are expressing support for their release, advocating for a retrial where they could be free for parole if their sentences can be changed from first-degree murder to manslaughter. People Magazine conveys the Menendez family’s view that the brothers were “victims, not murderers” for over a decade to a brutal predator’s crimes.
Reportedly, Erik started experiencing incest at the age of six up to age 18, the year of the murders. In Lyle’s eyes, the only way to protect his younger brother and resolve this issue was to kill their father. Realistically how could they make the world believe that a successful executive and businessman was an abusive father? Throughout the trial, the brothers stated that if they told anyone about their relationship with their father, their father had told them he would kill them. The Menendez brothers lived their whole lives in paranoia and fear, constantly living as victims of the unmeasured power of their father. Instead of growing up innocent and carefree, they were exposed to unimaginable physical and mental cruelty. When decades of abuse could no longer be endured, the only options that could provide them with an escape were their suicides or the murder of their dad.
Senior Ashlyn Caldwell strongly believes the brothers “should be free and served their time.” They “were scared for their lives” and had no one to confide in since they were being abused by “their dad and their mom never said anything.”
The brothers should have been convicted for “an unreasonable crime but good faith belief in having to act in self-defense,” known as manslaughter, which carries a penalty of up to 11 years. Under this charge, they would have been free for parole for the last twenty or so years. However, the judge of the 1996 case did not allow for much evidence of sexual abuse to be presented to the jury, ultimately affecting their decision. Gascón argues that “a jury today would look at this case probably very differently than a jury did 35 years ago.” In the 2000s, the topic of sexual abuse of boys finally began to receive recognition in society. Society is now more sympathetic to this issue, which was largely ignored or kept secret in previous decades. Junior Hannah Arthur argues that “at the time things were seen differently than they are now;” today’s culture has a new emphasis on issues related to mental health. This is part of the reason why the Menendez brothers’ case has resurfaced in the past four years due to the growing support and advocation of mental health. At the time of the case, the judge rejected the brothers’ molestation as being a valid reason for the crime acknowledging that they are not women and therefore cannot use the sympathy card of sexual abuse.
Many argue that Hollywood has played an influential role in why the Menendez Brothers are being considered for a potential retrial due to the popularity of the Netflix drama series Monsters. Many viewers believe this show portrayed the real life of Erik and Lyle Menendez leading up to and after the murder of Kitty and José; however, it paints the brothers in a false and violent light. One example is that the brothers were actively engaged in a romantic relationship with one another, which is far from the truth. Lyle and Erik have publicly condemned the producer, Ryan Murphy, for circulating an untrue portrayal of the brothers and telling a fictional story of their past. If you want to learn the truth of the Menendez brothers’ case watch the documentary “The Menendez Brothers” on Netflix.
Additionally, new evidence has been released such as “sexual abuse allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo” who claims that José raped and drugged him in the 80s (People Magazine). A letter was also uncovered from Erik to his cousin alluding to the sexual abuse that he experienced.
However, the retrial has additional hurdles to overcome. It cannot begin until DA Gascón is elected again in November. If he loses the re-election and a new DA takes office that person may not support a re-trial. Then, the brother’s release will have to be approved by an “L.A. County judge, the state parole board, [and] Gov. Gavin Newsom” (the Los Angeles Times). The brothers are not out of the woods yet, but, for the first time in 35 years, the Mendenez family is beginning to feel optimistic.
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