A judge is set to decide Monday whether new sexual abuse evidence is enough to prompt re-examining the convictions of the Menendez brothers in the 1989 shooting deaths of their parents.
Monday’s hearing will be their first court appearance since 1996, according to CNN. They’re scheduled to appear virtually. Members of the public are vying by lottery for 16 slots in the courtroom, according to a statement from Los Angeles County Superior Court of California.
Erik and Lyle Menendez were 18 and 21 years old when they killed RCA Records executive Jose Menendez and his wife, Kitty Menendez. They claimed self-defense in the face of years of sexual, emotional and physical abuse. The prosecution said they had been after their $14 million inheritance and that the motive was greed.
They were convicted of first-degree murder in a joint trial and sentenced to life in prison without parole in 1996 after their first trial ended in deadlocked juries. They are now 53 and 56. Last year the men’s lawyers filed a court petition maintaining that “Newly discovered evidence directly supports the defense presented at trial.”
The abuse evidence, while presented at their first trial in 1993, was excluded from the second trial. On Monday Judge Michael Jesic will evaluate that evidence along with new revelations in a hearing that could pave the way for the brothers’ release.
That evidence came to light last year in the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” in which Roy Rossello, a member of the 1980s boy band, alleged that Jose Menendez had drugged and raped him when he was 13 or 14. He has also filed a signed declaration with the brothers’ lawyers.
Another piece of evidence is a 1988 letter from Erik Menendez to his uncle Andy Cano describing his father’s sexual abuse. Their lawyers were not aware of the letter so did not introduce it at trial.
Lyle Menendez, left confers with brother Erik during a 1991 court appearance in Beverly Hills. (AP Photo/Kevork Djansezian)
Los Angeles County District Attorney George Gascón has asked for a reduced sentence that could free the brothers on parole almost immediately. A hearing on that is scheduled for Dec. 11.
Monday’s hearing, scheduled for 10:30 a.m. Pacific Time, could influence whether the resentencing hearing remains on the docket or whether it gets postponed until newly elected district attorney Nathan Hochman has had a chance to review the material after being sworn in on Dec. 2.
The brothers could also request clemency, but Gov. Gavin Newsom said last week he would wait for Hochman’s review before making any such decisions.