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New evidence in the Menendez brothers’ case must be examined by prosecutors

By Hudson Brooklyn
New evidence in the Menendez brothers’ case must be examined by prosecutors

The Los Angeles County District Attorney’s Office will examine new evidence of alleged sexual abuse in connection with the notorious Menendez brothers’ double murder case.

In the wake of the controversial Netflix drama series about Erik and Lyle Menendez, Los Angeles prosecutors announced they are reviewing new evidence of alleged sexual abuse presented by the brothers’ lawyers.

Los Angeles County District Attorney George Gascón spoke about the ongoing investigation into the 1989 double murder during a news conference Thursday.

“I know this is an area of ​​tremendous interest across the country, especially since the Netflix documentary came out,” Gascón said of the case. “We get a lot of calls.”

According to Gascón, the Menendez brothers’ attorneys have filed requests for authorities to not only consider new evidence but also consider resentencing for their crimes based on their level of rehabilitation and general behavior in prison.

Prosecutors are sticking with the 1996 conviction and the outcome of the original trials because Gascón said the brothers were “clearly the murderers” of their parents Jose and Kitty Menendez. What prosecutors will consider and decide based on the new evidence is whether the findings would have caused the jury to reach a “different conclusion,” prosecutors said.

“I think there is no question in this case that the young men, one who was 19 at the time and the other who was 21, murdered their parents,” Gascón said.

Cliff Gardner, the brothers’ attorney, told USA TODAY in an email Friday that the 35 years his clients spent in prison was “enough.”

“I believe that anyone who adequately considers the extraordinary evidence that was excluded in the first trial and the new evidence presented in the habeas petition will, without a doubt, conclude that the brothers were sexually abused “Gardner wrote. “And given today’s understanding of the impact of sexual abuse on children – boys or girls – I believe this evidence shows that manslaughter, not murder, was the appropriate punishment.”

What is the new evidence in the Menendez brothers case?

Among the new evidence Gascón and his office will examine is a photocopied letter that one of the brothers allegedly sent to another family member saying he was a victim of harassment.

According to Gascón, prosecutors were also presented with evidence from one of the brothers’ lawyers alleging that he was abused by his father. Gascón added that none of the allegations made by the defense have been confirmed. The prosecutor did not say which brother claimed they were abused.

“We are not prepared to say at this point whether we either believe or disbelieve this information,” the prosecutor said. “But we are here to tell you because we have a moral and ethical obligation to consider what is presented to us and make a decision.”

If the brothers are resentenced, Erik Menendez, 53, and Lyle Menendez, 56, could be “released” from prison after already serving 35 years for their parents’ murders, Gascón said. The other options include a lesser sentence for the brothers and even a new trial, the prosecutor added.

Both brothers were sentenced to life in prison without the possibility of parole in 1996.

According to Gascón, a hearing on the new evidence is scheduled for November 29.

“There are also men who become victims”

Los Angeles prosecutors decided to examine the new evidence to further recognize that “both men and women can be victims of sexual assault,” Gascón said.

“Most of the victims are usually young women, but there are also men who become victims,” the prosecutor said.

Gascón also mentioned the over 100 allegations against hip-hop mogul Sean “Diddy” Combs, including allegations of sexual assault against boys and men.

“We have seen time and time again that both boys and girls were abused,” said the prosecutor.

“Appeal for the Menendez Brothers” Change.org petition

A Change.org petition titled “Appeal for Menendez Brothers” has over 365,000 signatures and aims to obtain a new trial, sentence reduction or other fair remedy for Erik and Lyle Menendez.

“The Menendez trial is a very famous and controversial case, but unfortunately also very understandable and important from the perspective of someone who was sexually abused as a child,” petition organizer Micailla Beachman wrote on Change.org .

“The original trial contained information, evidence and testimony that resulted in a mistrial that I firmly believe was and is the truth. In the second trial, this defense evidence was removed due to ignorance of child sexual abuse statistics and lack of humanity, rendering all information provided useless in the final prosecution.

According to the Change.org website, the goal of the petition is 500,000 signatures.

“Even if you are unfamiliar with their case, do your research if you are interested, and if not, at least understand that everyone deserves a second chance at life. “In her situation, this would be her first real chance at a life of freedom, not just from prison, but from her inner fears, her past stresses and her present regrets,” Beachman wrote. “A change in the judiciary was made for a reason. Why not retry the case with the new bill?”

Kim Kardashian, others support Menendez brothers’ release

In addition to Beachman and the thousands who signed the petition, Kim Kardashian also called for the brothers’ release in a personal essay shared exclusively with NBC News.

“We are all products of our experiences. They shape who we were, who we are and who we will be. Physiologically and psychologically, time changes us, and I doubt anyone would claim to be the same person they were at 18,” wrote the Skims founder and billionaire beauty mogul. “24 family members, including their parents’ siblings, have issued statements fully supporting Lyle and Erik.”

Kardashian recently visited the prison where the Menendez brothers were housed with Ryan Murphy’s Monsters star Cooper Koch, who plays Erik in the second season of the Netflix miniseries, Variety reported on September 21.

“Can anyone honestly deny that the justice system would have been more lenient on the Menendez sisters,” Kardashian said, noting that at the time “survivor support systems were virtually non-existent and public awareness of the trauma of male sexual abuse was low.” “minimal, often marred by preconceived judgments and homophobia.”

Contributor: Jay Stahl, USA TODAY

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