DA investigates new evidence in Menendez murder case

By Salvador Hernandez, Richard Winton and Hannah Fry, Los Angeles Times

LOS ANGELES – More than 30 years after Erik and Lyle Menendez murdered their parents in a sensational murder case that captivated the nation, Los Angeles County Dist. Atty. George Gascón said Thursday that his office would review what he described as new evidence that the brothers had been abused, a step that could lead to their conviction.

Gascón said there is no doubt the brothers committed the murders, but said what matters is whether the jury heard evidence that their father abused them. Evidence of sexual abuse was presented at the brothers’ first trial, which ended in hung juries, but was largely withheld at their second trial, where they were sentenced to life in prison.

“We are not ready to believe or disbelieve this information,” Gascon said of the alleged assault. “But we are here to tell you that we have a moral and ethical obligation to assess what is presented to us and make a decision.”

The trial could pave the way for the brothers to be retried, given a reduced prison sentence or released. Gascón said he had not yet made a final decision.

In 1989, Erik and Lyle Menendez bought a pair of shotguns with cash, walked into their Beverly Hills home and shot their parents while they watched a movie in the family living room. Prosecutors said Jose Menendez was struck five times, including in the back of the head, and Kitty Menendez crawled on the ground, wounded, before the brothers reloaded and fired a final fatal blast.

Initially, police speculated that the murders were a mafia hit, based on the gruesome scene in the house. Erik and Lyle Menendez were eventually charged with murder after Erik, who was 18 years old at the time, confessed to the murders to his therapist in March 1990.

Prosecutors argued that the brothers’ motivation in the killings was simple: to gain access to their parents’ multimillion-dollar estate. But the brothers’ lawyers countered that years of violent sexual abuse by their father preceded the shootings, justifying the killings as a form of self-defense.

Gascón’s announcement comes more than a year after Erik and Lyle Menendez filed a habeas corpus writ asking the court to overturn their 1996 conviction based on new evidence. A habeas corpus hearing is expected to take place on November 26. Gascón said he wanted to bring “finality” to the case by the time the hearing was held, but did not say his investigation would be complete by then.

“They’re obviously looking at it closely, which is great,” said Cliff Gardner, one of the attorneys representing the brothers. “I’m encouraged by it because I think anyone who looks at that evidence will walk away knowing that those boys were abused as children.”

Gardner said prosecutors have asked the court several times since the filing last year to postpone a hearing date to review the case. Despite the length of time it took to reach a decision, he said he found it encouraging.

“The fact that they’re taking the time lets me know they’re taking it seriously,” he said.

The petition pointed to evidence from a Peacock docuseries, “Menendez + Menudo: Boys Betrayed,” which made allegations that the brothers’ father, Jose Menendez, sexually assaulted a former underage member of the 1980s pop band Menudo.

The three-part series, reported by journalists Nery Ynclan and Robert Rand, alleged that the internationally known music group’s creator, Edgardo Díaz, took one of the band’s underage members to Jose Menendez’s home in New Jersey, where he was raped and drugged by the elder Menendez.

In the docuseries, Roy Roselló said he was 13 or 14 years old at the time, and suggested the trip was to broker a deal between the band and RCA Records, where Jose Menendez worked as manager.

The brothers’ petition states that the new allegations of sexual abuse support their argument that the killings were an act of self-defense after years of abuse by their parents, and that they fear their parents would kill them if they told.

The brothers’ first trial, which included disturbing testimony about the abuse, ended in two hung juries. In the second trial, much of the evidence of the abuse was excluded, according to the habeas petition. Prosecutors at the time argued that the abuse allegations were “a total fabrication.”

The news comes on the heels of another show based on the Menendezes, an eight-part dramatic series on Netflix called “Monsters: The Lyle and Erik Menendez Story.” The show focuses on the events leading up to the murders and the cultural moment in Los Angeles when the brothers were charged with murder.

Last month, Erik Menendez’s wife, Tammi Menendez, posted a statement from him on social media about the series and how the brothers were depicted. She called it “inaccurate” and said Lyle’s portrayal was a “caricature” that was “rooted in horrible and blatant lies.”

Monsters co-creator Ryan Murphy defended himself in an interview with The Times last month.

“I think it’s false outrage,” he said. “I think this story, this Netflix series, is the best thing to happen to the Menendez brothers in 30 years because it gets people talking about it and gets people asking the questions that are important.”