Attorney George Gascon: What he said about the high-profile case of the Menendez brothers

Attorney George Gascon: In an interview with media reports, Los Angeles County District Attorney George Gascón discussed the Menendez brothers’ well-known case in light of recently discovered information that may provide the brothers with a shot at justice.

In order to stop the revelation of their parents’ alleged long-term sexual abuse of Erik, Lyle, then 21 years old, and Erik, then 18 years old, confessed they shot their Hollywood executive father and mother. In 1989, the brothers attacked inside their Beverly Hills home, shooting their mother, Kitty Menendez, and father, José Menendez, a total of 14 times.

According to Gascón, Newsweek, his agency is examining a 1988 letter Erik Menendez sent to his cousin alleging that his father had sexually abused him. A statement from a former Menudo member who says Jose Menendez also sexually abused him is included in the new evidence.

“There are people in my office who believe they should never get any relief, and others who believe they should,” Gascón said. “I have now decided we will go through a thorough process of investigating both the new evidence for habeas and whether they have been rehabilitated for resentencing.”

A hearing is set on November 29; however, Gascón has not yet decided on a decision. The district attorney, nevertheless, said that he is “completely open-minded.”

Because of their father’s ties as a well-known entertainment entrepreneur, the brothers first accused the mafia, but the brutality of the killing revealed a more personal and emotionally motivated reason.

Lyle and Erik Menendez’s first trial, which started in 1993, concluded in a hung jury because the jurors could not decide whether the brothers committed murder or behaved out of fear. This resulted in a mistrial, which prepared the way for a follow-up trial in 1995.

According to Gascón, the brothers’ lawyers, Bryan Freedman and Mark Geragos, are offering a resentencing or a habeas corpus.

A person may contest the legitimacy of their incarceration or detention by filing a habeas corpus.

It is a basic right that enables someone to argue that their incarceration violates their constitutional rights in order to get relief from wrongful imprisonment. Usually, a judge receives the petition in order to determine if the individual is being detained in compliance with the law and whether their detention is legitimate.

According to the statute, someone may be eligible for a review if, as Gascón told a media report, they believe there is fresh information that was not presented during the trial and if this material may have affected the jury’s or court’s verdict.

“They filed a habeas petition, and the outcome could lead to a release or a new trial, among other possibilities,” said Gascón. “The lawyers in this case allege that there are new items that were not presented to the jury.”

Geragos is optimistic that their habeas corpus petition will be granted.

Geragos said, “It [the evidence] clearly is enough in my mind.” “I think they should be resentenced.”

Fresh Proof of the Menendez Brothers

A letter is the first fresh piece of evidence, according to Gascón. Nine months before the horrific killings, in a letter, 17-year-old Erik Menendez told his 15-year-old cousin about his father’s continued sexual abuse of him.

Author and investigative journalist Robert Rand informed media reports that he had found this ground-breaking information.

The Menendez Murders: The Shocking Untold Story of the Menendez Family and the Killings that Stunned the Nation is Rand’s book that was released in 2018.

A candid letter from Erik to his late cousin Andy Cano appears in the last chapter of Rand’s book. Marta Cano, the aunt of the Menendez brothers, told him during his last interviews that her son had a drawer full of documents if he wanted to go through them.

“I was like, ‘Oh my God, this is potentially major evidence that could have a serious impact on the case,'” after discovering this letter in less than fifteen minutes. I really delivered the letter to Cliff Gardner in person in California.”

In 2003, Andy Cano, a witness in both of the brothers’ trials, unfortunately passed away due to an accidental overdose of sleeping drugs. Rand was asked to meet with Cano at her West Palm Beach home after developing a close relationship with them and learning important details about their narrative. It was then that he discovered the letter.

Rand revealed a passage from the letter

“I have tried to evade my father. Although it’s still occurring to me, Andy, it’s becoming worse. It defies explanation. He is so obese that I find it unbearable to look at him. I find it quite frustrating since I never know when it will occur. I lie awake every night worrying that he would enter. I must get rid of it from my thoughts. Despite what you’ve stated before, I’m frightened. I simply know my dad better than you do. He’s insane! He has often cautioned me from informing anybody.”

According to Gascón, the second piece of evidence was provided by Roy Rossello, a former Menudo member who claimed José Menendez had similarly abused him when he was 14 years old.

A Puerto Rican boy band called Menudo rose to prominence in the late 1970s and early 1980s. The group, which was well-known for its upbeat concerts and catchy pop tunes, had a revolving cast of teenage male vocalists who were free to quit as they grew older.

Menudo rose to prominence in Latin pop music and paved the way for the success of many musicians, including Ricky Martin. Beyond Puerto Rico, the band had success in Latin America and the United States.

In 1983, Menudo obtained a record deal with RCA Records, where José held the position of chief operations officer.

An revised version of Rand’s 2018 book, which was published in September, discusses the relationship between José Menéndez and Menudo. The documentary Menendez + Menudo: Boys Betrayed, created by Rand and his reporting partner Nery Ynclan, debuted on Peacock in May 2023, revealing this tale along with more proof.

According to Rand, Rossello said in the documentary that José Menendez had once mistreated him. But according to Rossello’s account in the habeas petition, there was another event.

“He stated Menudo performed at Radio City Music Hall in 1985, where José Menéndez came backstage and sexually molested him before and after the concert,” Rand added. “José then took him to an RCA Records suite at the Waldorf Astoria Hotel, where he raped him all night.”

According to California law, a prosecutor may ask a court to resentence a defendant if it is shown that the defendant has undergone rehabilitation, Gascón told a media report. This entails proving they have participated in a variety of prison-related activities that show they are prepared for release from custody or a reduced term.

“The two young guys had been incarcerated for 35 years. According to Gascón, they have fulfilled all requests made of them, including attending college and serving as mentors to others. They have also finished a significant amount of rehabilitation work. Whether to keep them in prison or offer them another opportunity is the issue. That’s the alternative that we’re considering.

If they want to seek a new sentence, Gascón said, “We’re not alleging anything went wrong with the trial. All we’re saying is that they’ve made their payments. We then leave it up to the court to determine whether or not it concurs with it.”

Next Moves for the Brothers Menendez

The District Attorney’s Office will either support or refute the allegations presented by his counsel during the hearing on November 29.

After completing their life sentence without the possibility of parole, Gascón said that the court would act as the “final arbiter” in determining whether the brothers will be freed from jail or not.

While they continue their legal struggles, the Menendez brothers are still incarcerated.

2018 saw Lyle sent from Northern California’s Mule Creek State Prison to San Diego’s R.J. Donovan Correctional Facility, where his brother was already housed in a different unit.

They then moved into the same apartment. When Lyle found out about his brother’s classified status, he sought the move.

Both brothers were married while incarcerated and got to know their spouses. While Lyle was married from 1996 to 2001 before being remarried in 2003, Erik has been married since 1999.

On October 7, Netflix will release a new documentary on the Menendez Brothers that includes first-hand testimonies from Lyle and Erik Menendez.

Erik and Lyle Menendez, in their own words, relive the trial that took the country by surprise for the first time in over thirty years. Together, they narrate their ordeal from the Californian Donovan Correctional Facility.

This comes after the most recent episode of Ryan Murphy’s Netflix series Monsters: The Lyle and Erik Menendez Story. On September 19, the show debuted, creating a lot of hype and drawing a lot of attention.

With Javier Bardem and Chloë Sevigny portraying parents Jose and Kitty Menendez and Nicholas Alexander Chavez and Cooper Koch as newcomers Lyle and Erik Menendez, respectively, the series boasts an excellent ensemble.

Erik Menendez lamented Netflix’s “dishonest portrayal” of the events leading up to his parents’ deaths.

“I only think that they were intentional. Erik Menendez said on Facebook and via X, “It is with a heavy heart that I say I believe Ryan Murphy cannot be this naive and inaccurate about the facts of our lives, so to do this without bad intent.” “Murphy shapes his horrible narrative through vile and appalling character portrayals of Lyle and me and disheartening slander.”

Separating reality from fiction in the show’s representation of the notorious case, Rand is also criticizing the series for its major flaws.

“I think both Cooper Koch and [Nicolas Alexander] Chavos are incredible actors, so the problem isn’t with them; the problem is with the script,” Rand told a media report.

Kim Kardashian demands his release

In an editorial she wrote for NBC News on the Menendez brothers’ case, Kim Kardashian broke her silence and demanded that the brothers’ rights be upheld, saying that it was time for justice to be done.

The Menendez brothers are not monsters, Kardashian said after spending time with them. They are honest, wise, and nice folks.”

She pointed out that given our better knowledge of sexual assault, the result of the Menendez trials would probably be different if they were held today. She also thinks their second trial was unfairly denied.

“There were virtually no systems in place to support survivors, and public awareness of the trauma of male sexual abuse was minimal, often clouded by preconceived judgments and homophobia,” Kardashian said. “Can anyone honestly deny that the justice system would have treated the Menendez sisters more leniently?”

Geragos discussed how changing societal perceptions of abuse have affected court decisions in an interview with a media report.

“I find it fascinating how culture has changed over time,” Geragos said to a media report. “I believe if these had been two sisters, they would not have been in custody now, and they would not have been convicted of murder.”