The Menendez brothers’ case is officially under review: Here’s what that actually means

Over the weekend, it has officially been confirmed that the case of the Menendez brothers is under review. Last year, Lyle and Erik Menendez launched a new appeal against their previous convictions for murdering their parents, and had been waiting to find out what would happen, given new evidence becoming available.

56-year-old Lyle and 53-year-old Erik are currently in prison having been sentenced to life without any chance of parole, after killing their parents José and Kitty Menendez in their Beverly Hills home in 1989. So far, they have spent three decades in jail.

However, prosecutors in Los Angeles are now reviewing new evidence that could lead to the release of the brothers, or a new trial in their case. Here’s what we know.

The Menendez brothers’ case is under review in LA

Following the appeal last year, The Los Angeles District Attorney, George Gascon, confirmed last week the brothers will get a court hearing in November, after his office received new evidence which allegedly corroborates claims of sexual abuse. The brothers claimed they killed their parents in self defence, as they were left petrified after years of abuse.

According to Sky News, the lawyers of Lyle and Erik argue because of society’s changing views on sexual abuse, the brothers may not have been convicted of first-degree murder and sentenced to life without parole, had they been placed on trial today.

George Gascon said there was “a moral and an ethical obligation” to review evidence submitted by the brothers last year, which claimed they were sexually abused by their father and therefore acted in self-defence.

He said it vital to “make a determination based on a resentencing side, whether they deserve to be resentenced — even though they were clearly the murderers — because they have been in prison for years and they have paid back their dues to society. If there was evidence that was not presented to the court at that time, and had that evidence been presented, perhaps a jury would have come to a different conclusion.”

The court hearing has been set for November 29th.

New evidence is being looked at which could prove what the Menendez brothers said in their defence

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’s been reported the brothers were using 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.

Are the Menendez brothers going to be freed?

Of course, this is a positive moment for anyone hoping the Menendez brothers might one day be freed, but nothing is confirmed. They are currently serving life without parole, so without any changes, Lyle and Erik will die behind bars.

Talia Menendez, the daughter of Erik’s wife Tammy who has said she considers Erik a father, gave an update last week. “Within 60 days we will hear back from the LA County District Attorney office regarding their decision for Erik’s and Lyle’s appeal for freedom filed in May last year,” she said.

“As everyone knows, there was new evidence proving the abuse endured after decades of not being believed and that evidence had been excluded from the retrial. I’m praying the DA / judge has compassion not only for what my dad and uncle endured but also the fact that all of us family wants them home. Almost 35 years is enough time locked away. They have spent more time incarcerated than alive in the real world. Let that sink in. Set them free!”

Sharing his opinion, Monsters creator Ryan Murphy said he thinks the brothers will be free by Christmas. Speaking of the impact of his show, he said: “We gave them their moment in the court of public opinion. Basically, we did give them a platform. I think they can be out of prison by Christmas. I really believe that.”

The Menendez Brothers and Monsters: The Lyle and Erik Menendez Story are 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:

• Finished Monsters? Here are eight more shows you can watch about Lyle and Erik Menendez

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

• People are wondering if Cooper Koch wore a prosthetic for *that* shower scene in Monsters

Featured image via Netflix.