The Menendez brothers have a new chance at freedom after spending more than thirty years behind bars for the brutal murder of their parents.
Erik and Joseph Lyle Menendez were sentenced to life in prison without parole in 1996 for the first-degree murder of their parents Jose and Mary “Kitty” Menendez in their Beverly Hills home.
But they are now seeking a reduced sentence under a new California law that gives prosecutors the power to make sentencing recommendations.
They have the support of more than twenty family members, who have signed a letter to a judge asking him to take revenge.
And they hope that Los Angeles County District Attorney George Gascon, a Democrat who has been an outspoken critic of the death penalty and life without parole, will be on their side. according to Fox News.
Menendez brother Erik and Lyle, pictured during their 1990 trial, may soon be released from prison after more than 30 years
The brothers were sentenced to life in prison without parole in 1996 for the first-degree murder of their parents
Lyle, a then 22-year-old Princeton student, and Erik, a then 19-year-old professional tennis player, walked into the study of their $5 million Beverly Hills mansion in August 1989 and shot Jose point-blank in the back. of the head.
They then pointed the gun at their mother as she tried to run from the room. In total, they shot Jose five times and Kitty nine times.
The brothers have never denied killing their parents, but they have denied being pushed to shoot their father after years of sexual and physical abuse.
They said they feared their father would kill them after warning him that they would expose him to deviant behavior.
But evidence that their sons had been sexually and physically abused for years by their father, who had record manager status, was ruled inadmissible as prosecutors alleged they killed their parents because they wanted unfettered access to their $14 million estate .
Both bought Rolex watches, apartments, sports cars and expensive other items in the months after the murders.
The brothers hope to gain the support of prosecutor George Gascon, who has spoken out against life sentences
The brothers ultimately had two trials: the first had a hung jury and was ultimately declared a mistrial, but when they were retried together in 1996 they were found guilty.
They lost an appeal of their convictions in 2005 and are both currently serving their sentences at the Richard J. Donovan Correctional Facility in San Diego County.
But their case was strengthened last year when Roy Rossello, a former singer for the boy band Menudo, claimed his father raped him at the age of 13.
He said in an affidavit that he went to Jose’s house in the fall of 1983 or 1984, drank a “glass of wine” and then felt like he had “no control” over his body.
Rossello also claims in an affidavit that he was sexually assaulted by Jose on two other occasions – just before and after a performance at Radio City Music Hall.
The siblings fatally shot their mother Kitty, a socialite, and father Jose Menendez, a wealthy record company executive. The family is seen above in an undated photo
They claim they were pushed to shoot their parents after years of sexual and physical abuse
Menendez’s attorneys also submitted a recently unearthed letter that Erik sent to his cousin Andy Cano about eight months before the murders.
“I tried to avoid daddy,” the hand-scribbled message read.
“It still happens, Andy, but it’s worse for me now. I can not explain. He’s so fat I can’t bear to see him.
‘I never know when it’s going to happen and it drives me crazy. Every night I stay awake thinking he might come in. I have to get it out of my mind.
“I know what you said before, but I’m scared. You just don’t know Dad like I do. He is crazy. He warned me a hundred times not to tell anyone, especially Lyle.”
The brothers were sentenced to life in prison without parole in 1996 for first-degree murder
Their cousin testified that when Erik was 13, he came to him and told him that his father Jose was touching and “massaging” his genitals, asking if that was normal.
Another cousin of theirs, named Diane Vander Molen, also said that Lyle talked to her about the abuse when he was eight years old, and that she went to his mother about his confession, but was told he was lying.
Arguments made by their defense team during their second trial detailed that the couple “did not harbor the mental state necessary for first-degree murder and were therefore guilty of manslaughter.”
Chilling crime scene photos showing the blood-soaked couch where Jose Menendez was shot five times by his own sons were at the center of the prosecution
Lawyer Cliff Gardner now hopes to prove that they should have been convicted of manslaughter. On appeal, he argues that if they had done so, the brothers would have been out of prison by now.
“My hope in the case is that the judge will realize that this new evidence is indeed credible and compelling and will vacate the convictions,” Gardner said. told 48 hours in March.