How new evidence could set the Menendez brothers free, decades after their crime

35 years on from the crime that saw the Menendez brothers sentenced to life in prison without any chance of parole, new evidence has come forward which could help set them free one day.

Lyle and Erik killed their parents, José and Mary Louise “Kitty” Menendez, in their Beverly Hills home on August 20th, 1989. In March 1990, the Menendez brothers were arrested for their parents’ murders and placed on trial. They were found guilty, and have been in prison ever since.

People have long since joined the movement to set the brothers free, who claimed in their trial they had been subject to sexual abuse from their parents since they were children, and felt killing them was their only way out.

When they were first on trial, it ended in a mistrial, and then during their second trial the defence was limited to bring up any sexual abuse allegations, and in the end both brothers were found guilty of murder. A juror from the second trial has since come forward and said had the abuse allegations been presented, they wouldn’t have found them guilty of murder.

Now, Lyle Menendez is 56 and younger brother Erik is 53 and they are currently housed at Richard J. Donovan Correctional Facility in San Diego County. However, new evidence about their father has come forward which may help to corroborate what the brothers claimed about him.

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Last year, the brothers launched a new appeal, after new evidence alleged their father had also molested boy-band member Roy Rosello. Roy has claimed his abuse started in the early 80s, when he was a minor. At the time, José Menendez was working as an executive at RCA Records. The Menendez brothers’ attorney filed a petition in May last year citing both Rosello’s claims and a letter given as evidence meant their convictions should be quashed.

Their attorney, Cliff Gardner, said: “The boys were abused as children. They were abused their whole life…and this is a manslaughter case, not a murder case. It’s just that simple.”

The new evidence also includes a letter that attorney Gardner has said was written by Erik Menendez to his cousin, Andy Cano, in December 1988, about eight months before the crime. The letter, which was never presented originally in court, said: “I’ve been trying to avoid dad. It’s still happening, Andy, but it’s worse for me now. … Every night I stay up thinking he might come in. … I’m afraid. … He’s crazy. He’s warned me a hundred times about telling anyone, especially Lyle.”

It was later reported the district attorney’s office was “investigating the claims” but it’s not clear what the current status is. The brothers are said to currently be waiting to see if their case will be reopened.

As well as this new evidence, a petition asking for the release of the brothers has now hit over 300k signatures. The movement was set up in 2019, but has had a resurgence following the case being examined on Netflix. The petition is tiled “Appeal for Menendez Brothers” and asks for a retrial to take place.

It quotes a California bill that “allows incarcerated people, convicted of crimes related to their experiences of being abused, to submit a petition for a writ of habeas corpus challenging their original convictions.” A writ of habeas corpus is a legal process that determines if a person’s detention is lawful and secures their release if it is not.

Monsters: The Lyle and Erik Menendez Story is available on Netflix now. For all the latest Netflix news, drops and memes like The Holy Church of Netflix on Facebook.

Related stories recommended by this writer:

• A rundown of the *three* wives Lyle and Erik Menendez have had in prison

• The real audio recording of 911 call Lyle and Erik Menendez made after their parents’ death

• Listed: Every single thing Lyle and Erik Menendez bought in $700k spree before their arrest