Menendez brothers case under review for possible resentencing amid new evidence, LA County DA says

Los Angeles County District Attorney George Gascón said the Menéndez murder case is being reviewed by his office, naming two new factors that prosecutors are looking at as they reconsider the convictions.

Gascón said in a Thursday news conference that there could be potential for resentencing or possibly even a new trial.

Lyle and Erik Menéndez have spent nearly 35 years behind bars for fatally shooting their parents, José and Kitty Menéndez, at their Beverly Hills mansion on the evening of Aug. 20, 1989. Prosecutors argued it was a murder motivated by greed — not long after their parents' deaths, the brothers were alleged to have spent money on Rolex watches, cars and real estate investments.

But the Menéndezes testified that they killed their parents in self-defense. The brothers told the jury about the alleged sexual abuse they said they experienced at the hands of their father during an emotional, highly publicized first trial — with separate juries for each of them.

With jurors divided, the judge declared a mistrial. 

The brothers were later convicted of first-degree murder during a second trial in 1995 and sentenced to life in prison without the possibility of parole. During that trial, the judge did not allow in some of the evidence related to the sexual abuse allegations, and prosecutors argued the brothers, who were 21 and 18 at the time of the killings, were lying about the allegations.

On Thursday, Gascón mentioned a 1988 letter from Erik Menéndez to a cousin that appears to reference alleged abuse by his father, as well as an abuse allegation made by Roy Rosselló, a former member of boy band Menudo, against José Menéndez, who worked as a record company executive. 

Appellate attorney Cliff Gardner told "48 Hours" the letter was written to their cousin, Andy Cano, in December 1988, about eight months before the killings. 

Gardner told "48 Hours" of the letter: "He says … 'I've been trying to avoid dad. It's still happening, Andy, but it's worse for me now. … Every night I stay up thinking he might come in. … I'm afraid … He's crazy. He's warned me a hundred times about telling anyone, especially Lyle.'"

Gascón said prosecutors are reviewing those potential pieces of new evidence as they reconsider the convictions. The DA's office is making the review after Gardner filed a habeas petition in May 2023 citing the potential new evidence.

"The boys were abused as children. They were abused their whole life. … And this is a manslaughter case, not a murder case. It's just that simple," Gardner said to "48 Hours." "My hope in the case is that the judge will realize that this new evidence is indeed credible and persuasive, and he'll vacate the convictions."

Attorney Mark Geragos, who spoke out Thursday following Gascón's announcement, said the potential new evidence — including a declaration from Rosselló — "provides an ample basis to set aside the result of the second trial."

He described the brothers as "model prisoners" during their more than three-decade sentence. 

"I think we're at a point now where any reasonable person taking a look at this case believes they should be out," he said. 

The Menéndez case has received renewed attention in recent weeks after the release of the Netflix true crime drama series, "Monsters: The Lyle and Erik Menendez Story." A documentary about the case, "The Menendez Brothers," premiered Monday on Netflix. 

Gascón said his office received an influx of calls following the release of the Netflix series. 

"We're here to tell you that we have a moral and an ethical obligation to review what is being presented to us," Gascón said.

On Nov. 26, the DA's office is expected to issue an informal response to the habeas petition.