Los Angeles County District Attorney George Gascón says he will have made a decision by the end of the week on whether to prosecute the Menendez brothers.
The news comes after weeks of renewed attention on the high-profile case, thanks in part to the release of the Ryan Murphy drama series “Monsters: The Lyle and Erik Menendez Story” and a documentary about the brothers, both on Netflix. Lyle and Erik Menendez were sentenced to life in prison without the possibility of parole for the 1989 murders of their parents, José and Kitty Menendez.
Prosecutors argued that the killings were committed out of greed. Defense attorneys argued that the killings were in self-defense, following the brothers’ allegations that they had been sexually and physically abused by their father, which prosecutors had cast as fabrications in the original trial. After a mistrial in that proceeding, the brothers were convicted in a second trial in which their lawyers saw evidence of abuse excluded.
Gascón said his office is divided on whether or not they believe the claims.
“I have a group of people, including some who were involved in the original trial, who firmly believe that they should spend the rest of their lives in prison and that they were not abused,” Gascón said. “I have other people in the office who believe they were probably abused and they deserve some relief.”
He said he has been investigating the case for a year and plans to make a decision by the end of the day Friday. He said the renewed interest in the case has boosted his decision-making process.
The Menendez brothers’ attorneys filed a habeas petition in May 2023, stating: new evidence – a letter from Erik Menendez to a family member detailing his father’s alleged abuse – to challenge the convictions. The prosecutor said he is investigating the letter, along with allegations of abuse against Jose Menendez made by Roy Rosselló, a former member of the boy band Menudo. The band had a recording contract with RCA Records, where José Menendez worked as an executive.
Related: Family members of the Menendez brothers call for their release as the prosecutor retaliates with his conviction: “They were just children”
He says he has been investigating the case for a year now and plans to make a decision by the end of the day on Friday, despite a hearing on the case already scheduled for late November. He says the renewed interest in the case has boosted his decision-making process.
The habeas petition that led to the November hearing was filed by attorney Cliff Gardner in May 2023, when the new evidence — a letter from Erik Menendez detailing alleged abuse to a family member — was first discovered. Reference was also made to similar accusations made by Roy Rosselló, a former member of the boy band Menudo, which was managed by RCA, where José Menendez worked as an executive.
