Progressive Los Angeles County District Attorney George Gascon said his office will review what he said was new evidence that Erik and Lyle Menendez were possibly molested, which could result in their sentences being re-evaluated in a case that has drawn significant media coverage even more than 30 years after they killed their parents.
Gascon said he hasn’t made a determination on the matter.
"None of this information has been confirmed," he said, referring to the new evidence.
"We’re not, at this point, ready to say that we either believe or do not believe that information," Gascon told reporters at a news conference. "But we’re here to tell you that we have a moral and ethical obligation to review what is being presented to us and make a determination."
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Joseph Lyle Menendez, 56, and Erik, 53, were convicted of shooting their parents, Jose and Mary "Kitty" Menendez, to death in their Beverly Hills mansion in 1989. Kitty Menendez was killed after she was shot and the brother reloaded before firing the final blow, prosecutors said.
Following a mistrial, the pair were convicted of the killings in a second trial and ordered in 1996 to serve life in prison.
However, they have recently been seeking reduced sentences. Both are currently being held in the Richard J. Donovan Correctional Facility in San Diego.
Mark Gegaros, one of the lawyers for the brothers, praised Gascon's decision to initiate review of the evidence.
"When they were convicted, California was in the throws of a prison expansion, a law and order expansion and frankly DA politics," he said. "And now we fast-forward 35 years later. We've got a much more robust and evolved understanding of abuse, yes abuse, can occur both with females and with males. I think it's time, their family thinks it's time, I believe that what you saw today with District Attorney Gascón was that he has taken, I think, a rather bold step in that he has said he's going to make the final decision."
"It may not be a popular decision in prosecutorial circles, but I would think that in our culture we've come a long way in the last 10 years... I think we're at a point now where any reasonable person taking a look at this case believes they should be out," he added.
The case drew significant media attention because of the family's wealth – Jose Menendez was an entertainment executive – and the nature of the crime.
Initially, theories arose that the slayings were the work of the mafia.
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The brothers eventually admitted to carrying out the slayings, but said they were repeatedly sexually assaulted by their father and feared for their lives. They have repeatedly appealed their convictions.
The new evidence includes a letter sent by one of the brothers to a family member allegedly "talking about him being the victim of molestation," Gascon said. Other evidence presented to the DA's office by defense lawyers claims that a member of the popular 1980s Puerto Rican boy band Menudo was sexually assaulted by Jose Menendez.
Prosecutors argued there was no evidence that the pair were molested, but committed the murder because they were after their parents' multimillion-dollar estate.
They were motivated by greed, prosecutors said, pointing to their lavish spending sprees after the killings. Defense attorneys argued the pair suffered abuse from their father and killed their parents in self-defense.
A new eight-part Netflix true crime drama, "Monsters: The Lyle and Erik Menendez Story," has sparked a resurgence of interest in the case.
In a statement on X posted by Tammy Menendez, wife of Erik Menendez, called the show a "dishonest portrayal of the tragedies," saying prosecutors "built a narrative on a belief system that males were not sexually abused, and that males experience rape trauma differently from women."
A year ago, the brothers filed a writ of habeas corpus asking the court to vacate their 1996 conviction. It cited the "Menendez + Menudo: Boys Betrayed" Peacock docuseries in which Roy Roselló, a former member of Menudo, alleged that Jose Menendez drugged and raped him.
The brothers said the new allegations back their claims of self-defense after years of abuse by their parents. In the nearly three decades that have passed since their convictions, Gascon said he believes sexual assault would have been treated with more sensitivity if the case had happened in the present.
He said his office will review new evidence and decide whether the case should be considered for re-sentencing. A hearing was scheduled for Nov. 29.
Gascon, who is seeking re-election following two failed recall attempts over his progressive criminal justice policies, noted that more than 300 people have been re-sentenced during his term, and only four have gone on to commit a crime again.
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