DA to seek resentencing of Menendez brothers for parents’ killings

Los Angeles County District Attorney George Gascón said today his office will recommend that a judge re-sentence Erik and Lyle Menendez, who are serving life prison terms without the possibility of parole for killing their parents in their Beverly Hills mansion in 1989, in light of new evidence of alleged sexual abuse by their father.   

Gascón said prosecutors will recommend that the brothers' sentence of life without parole be rescinded, and they be re-sentenced for the pair of murder convictions, meaning a maximum of 50 years to life in prison, with the possibility of parole. He said that due to their ages at the time of the crime, they would be immediately eligible for parole.   

It will be up to a judge to make the final determination. It was not immediately clear when a hearing on the matter might be held, although Gascón said his office would file the court papers on Friday.

Erik Menendez, now 53, and Lyle Menendez, now 56, are behind bars at Richard J. Donovan Correctional Facility in San Diego for the killings of Jose and Mary Louise "Kitty" Menendez.

"They have been in prison for nearly 35 years,'' Gascón said. "I believe that they have paid their debt to society and the system provides a vehicle for their case to be reviewed by a parole board. And if parole concurs with my assessment, and it will be their decision, then they will be released accordingly."  

Gascón noted that there were dissenters in his office who believe the brothers should remain in prison, and he anticipated that some of them may even appear in court to argue against the re-sentencing recommendation whenever a hearing is held. He said "they have a right to do so."  

But Gascón said he believes that not only have the brothers served their time, they have also undertaken efforts while incarcerated to improve the lives of others, such as creating groups to help fellow inmates deal with untreated trauma, and on ways to "deal with other inmates who have physical disabilities and may be treated differently."  

He said that in one case, Lyle Menendez even spoke out and negotiated on behalf of fellow inmates over conditions in prison.   

But while he will recommend re-sentencing in a way that could lead to the brothers' release, Gascón insisted, "There is no excuse for murder. And I will never imply that what we're doing here is to excuse that behavior, because even if you get abused, the right path is to call the police, seek help. But I understand also how sometimes people get desperate. We often see women, for instance, that have been battered for years and sometimes they will murder their abuser out of desperation."  

"I do believe the brothers were subjected to a tremendous amount of dysfunction in the home, and molestation,'' he said.   

In court papers filed last year, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers' allegations of long-term sexual abuse at the hands of their father -- a letter written by Erik Menendez to one of his cousins in early 1989, eight months before the August 1989 killings, and recent allegations by a former member of the Puerto Rican boy band Menudo that he was sexually abused by Jose Menendez as a teenager.

A group of family members supporting the brothers called earlier this month for the brothers to be released from state prison.   

At an Oct. 16 news conference outside the downtown Los Angeles courthouse, Kitty Menendez's sister, Joan Andersen VanderMolen, said she struggled for many years to come to "terms with what happened in my sister's family."  

"It was a nightmare none of us could have imagined, but as details of Lyle and Erik's abuse came to light, it became clear that their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable (cruelty) of their father,'' she told a throng of reporters gathered for the news conference. "As their aunt, I had no idea of the extent of the abuse they suffered at the hands of my brother-in-law. None of us did.''   

Some of the same family members were in attendance at Thursday's news conference.

One of the Menendez brothers' cousins, Karen VanderMolen, thanked Gascón for the decision, calling it a ``compassionate step forward.''   

"This decision is not just a legal matter, it is a recognition of the abuse my cousins endured, and we are grateful for the D.A.'s leadership in putting justice over politics,'' she said. "We know this wasn't an easy
decision, but it is the right one. This is about truth, justice and healing. It is time for Lyle and Erik to come home. And I ask all of you to join us in this fight for justice. ... Together we can make sure that Erik and Lyle receive the justice they deserve and finally come home."

She said the decision "gives us all hope the truth will finally be heard and Erik and Lyle can begin to heal from the horrors of their past. We hope this will also shed light and increase awareness and help others who have been victimized by sexual violence."

Gascón denied suggestions that the time of his decision was political -- given the tough re-election battle he is facing Nov. 5 against former federal prosecutor Nathan Hochman. He noted that his office has overseen the re-sentencing of more than 300 people, including 28 for murder, and "only four have re-offended."  

But Hochman issued a statement Thursday afternoon noting that the
defense petition for reconsideration of the case has been pending for more than a year, but he waited until days before the election -- when he is "30 points down in the polls'' -- to announce his decision.

"By releasing it now, Gascón has cast a cloud over the fairness and impartiality of his decision, allowing Angelenos to question whether the decision was correct and just or just another desperate political move by a D.A. running a losing campaign scrambling to grab headlines through a made-for- TV decision,'' Hochman said. "Angelenos and everyone involved deserve better."

A victims' rights attorney representing Kitty Menendez's brother, Milton Andersen, issued a statement Thursday morning blasting Gascón for failing to meet with Andersen or inform him of his office's intentions in the case, essentially stripping away his rights as a victim in the case.

Kathleen Cady also questioned the validity of the "new evidence'' in the case, saying Gascón has "ignored multiple notifications about individuals coming forward with information that seriously questions the credibility" of the letter allegedly written by Erik Menendez to his cousin about abuse allegations. She told Fox News on Wednesday that there is evidence the letter is fraudulent and was only written recently.

The Menendez case has been the subject of renewed public interest since the release of a recent Netflix documentary.   

The brothers never denied carrying out the killings, but contended they were repeatedly sexually assaulted by their father and feared for their lives.

Prosecutors, however, said the killings were financially motivated, pointing to lavish spending sprees by the brothers after the killings and arguing they were guilty of first-degree murder.

The brothers' first trial ended with jurors unable to reach verdicts, deadlocking between first-degree murder and lesser charges including manslaughter. The second trial, which began in October 1995 and lacked much of the testimony centered on allegations of sexual abuse by Jose Menendez, ended with both brothers being convicted of first-degree murder and conspiracy.   

The brothers have repeatedly appealed their convictions to no avail.   

The court papers filed by defense attorneys last year included a copy of the handwritten letter allegedly sent by Erik Menendez to his cousin, Andy Cano. Attorneys contend the letter was only recently discovered by Cano's mother. Cano, who died of a drug overdose in 2003, testified in the brothers'
first trial that Erik Menendez had told him about the molestation by his father when Erik was 13 years old, according to the court documents.   

In the letter, Erik Menendez writes in part, "I've been trying to avoid dad. It's still happening Andy, but it's worse for me now. I can't explain it. ... I never know when it's going to happen and it's driving me crazy. Every night I stay up thinking he might come in. I need to put it out of my mind."  

In court papers, Menendez brothers attorneys Mark Geragos and Cliff Gardner wrote that the new evidence "not only shows that Jose Menendez was very much a violent and brutal man who would sexually abuse children, but it strongly suggests that -- in fact -- he was still abusing Erik Menendez as late as December 1988. Just as the defense had argued all along."

Cady, however, suggested that letter was fraudulent, saying "it is much more likely that the letter, if written by Erik, was written in the last few years and not before the murders as the defense now suggests."  

Defense attorneys have also cited allegations that surfaced last year in a Peacock documentary series, in which Roy Rosselló -- a former member of the boy band Menudo -- alleged that Jose Menendez drugged and sexually assaulted him when he was about 14 years old during a visit to the Menendez home in New Jersey in 1983 or 1984.   

Jose Menendez was an executive at RCA Records, which signed Menudo to a recording contract.   

"I know what he did to me in his house," Rosselló, now 55, said in the series. In another segment, he points to a picture of Jose Menendez and says, "That's the man here that raped me. That's the pedophile."

A declaration from Rosselló -- who also alleges Menendez sexually assaulted him on two other occasions in New York -- was attached to the court papers filed on behalf of the Menendez brothers last year.

The Menendez brothers' attorneys argue that the new evidence warrants a reopening of the case, saying it establishes "a prima facie case for relief."

"To resolve this case, jurors had to decide a single, critical question: was Jose Menendez molesting his sons?'' the attorneys write in the court document. "Jurors making this determination did not know of Erik's letter to his cousin Andy, and they did not know that Jose Menendez had previously raped a 14-year-old boy."

As a result, the attorneys argue that the brothers are being "unlawfully" imprisoned.  

"Newly discovered evidence directly supports the defense presented at trial and just as directly undercuts the state's case against (the brothers),'' the attorneys contend in the document.

The papers asked that following a response from prosecutors, a judge "vacate the judgment and sentence imposed,'' or in the alternative schedule an evidentiary hearing.

Geragos told reporters that the two had resigned themselves to spending the rest of their lives in prison. He described an "amazing rehabilitation" by the two brothers, and said more than 20 relatives on both sides of the family are supporting them.