The Menendez brothers have a brand new shot at freedom, after spending greater than three a long time behind bars for the brutal killing of their mother and father.
Erik and Joseph Lyle Menendez had been sentenced to life with out parole in 1996 for the primary diploma homicide of their mother and father Jose and Mary ‘Kitty’ Menendez inside their Beverly Hills dwelling.
However they’re now interesting for a sentence discount beneath a brand new California legislation that provides district attorneys the authority to make resentencing suggestions.
They’ve the assist of greater than two dozen relations, who’ve signed a letter to a choose asking him to resentence them.
They usually hope Los Angeles County District Legal professional George Gascon, a Democrat who has been a vocal critic of the dying penalty and life with out parole, could also be on their aspect, based on Fox Information.
The Menendez brother, Erik and Lyle, pictured at their 1990 trial, could quickly be free of jail after greater than three a long time
The brothers had been sentenced to life with out parole in 1996 for the primary diploma homicide of their mother and father
Lyle, a then-22-year-old Princeton pupil, and Erik, a then-19-year-old skilled tennis participant, walked into the den of their $5 million Beverly Hills mansion in August 1989 and shot Jose level clean behind the pinnacle.
They then turned the gun on their mom as she tried to run from the room. In whole, they shot Jose 5 occasions and Kitty 9.
The brothers have by no means denied they killed their mother and father, however have argued they had been pushed to shoot down their father after years of sexual and bodily abuse.
They’ve stated they had been afraid that their father would kill them after they warned him they might expose him for deviant habits.
However proof that their sons had been subjected to years of sexual and bodily abuse by the hands of their report govt father was dominated inadmissible, as prosecutors argued that they killed their mother and father as a result of they wished unfettered entry to their $14 million property.
Each purchased Rolex watches, condominiums, sports activities vehicles, and costly different objects within the months after the murders.
The brothers are hoping to get the assist of District Legal professional George Gascon, who has spoken out towards life sentences
The brothers finally had two trials – the primary had a hung jury and was finally dominated a mistrial, however once they had been retried collectively in 1996, they had been discovered responsible.
They misplaced an attraction towards their conviction in 2005 and are each presently serving out their sentences on the Richard J. Donovan Correctional Facility in San Diego County.
However their case was bolstered final yr when Roy Rossello, a former singer in boy band Menudo claimed that there father had raped him at 13.
He stated in a sworn affidavit that he went to Jose’s dwelling in fall 1983 or 1984, drank a ‘glass of wine’ then felt like he had ‘no management’ over his physique.
Rossello additionally claims in a sworn affidavit that he was sexually abused by Jose on two different events – proper earlier than and after a efficiency at Radio Metropolis Music Corridor.
The siblings fatally shot their mother Kitty, a socialite, and pa Jose Menendez, a rich report firm govt. The household is seen above in an undated picture
They’ve argued they had been pushed to gun down their mother and father after years of sexual and bodily abuse
The Menendez’s legal professionals additionally filed a lately unearthed letter that Erik despatched his cousin Andy Cano about eight months earlier than the killings.
‘I have been making an attempt to keep away from dad,’ the hand-scrawled message learn.
‘It is nonetheless taking place, Andy, however it’s worse for me now. I am unable to clarify it. He’s so obese that I am unable to stand to see him.
‘I by no means know when it should occur and it is driving me loopy. Each night time, I keep up pondering he may to come back in. I must put it out of my thoughts.
‘I do know what you stated earlier than however I am afraid. You simply do not know dad like I do. He is loopy. He is warned me 100 occasions about telling anybody, particularly Lyle.’
The brothers had been sentenced to life with out parole for first diploma homicide in 1996
Their cousin testified that when Erik was 13, he got here to him and informed him that his father Jose was touching and ‘massaging’ his genitals, asking if that was regular.
One other one among their cousins’ named Diane Vander Molen, additionally stated that Lyle spoke in regards to the abuse to her when he was eight years outdated, and that she went to his mom about his confession, however was informed he was mendacity.
Arguments put ahead by their protection workforce at their second trial described the pair as ‘not harboring the psychological state wanted for first-degree homicide and had been due to this fact responsible of manslaughter’.
Chilling crime scene pictures exhibiting the blood-soaked sofa the place Jose Menendez was shot 5 occasions by his personal sons turned central to the prosecution
Legal professional Cliff Gardner now hopes to show they need to have been convicted of manslaughter – arguing in an attraction of their convictions that if that they had, the brothers would have been out of jail by now.
‘My hope within the case is that the choose will notice that this new proof is certainly credible and persuasive, and he’ll vacate the convictions,’ Gardner informed 48 Hours in March.
