Menendez brothers' freedom bid revived following Netflix show and Kim Kardashian campaign

Los Angeles prosecutor says new evidence in case merits review of their life sentences

Erik Menendez, left, and his brother Lyle during a pre-trial hearing in 1992 in Los Angeles. AFP

Could the Menendez brothers finally walk free after spending 30 years in prison for the murder of their parents? A new motion set to be filed by Los Angeles County's district attorney may offer the first ray of hope in more than three decades to Lyle and Erik Menendez, who are currently serving life without parole in California.

The brothers, who shot and killed their parents, Kitty and Jose Menendez, in cold blood at their Beverly Hills mansion in 1989, have appealed their sentencing for years, claiming they were victims of years of emotional, physical and sexual abuse and only acted out of self-defence. The case has gripped the US from the onset, and was recently the subject of the hit Netflix series Monsters: The Lyle and Erik Menendez Story.

The case also attracted the attention of Kim Kardashian, who has been a vocal activist for criminal justice reform for years. The entrepreneur and reality show star even visited the brothers in prison along with actor Cooper Koch, who plays Erik Menendez in the Netflix show.

What's new in the Menendez case?

In an announcement on Thursday, Los Angeles County's top prosecutor George Gascon said new evidence in the case merited a review of their life sentences, and that his office plans to file a resentencing recommendation in court on Friday.

The filing will recommend that the brothers' sentences be rescinded and they be resentenced to 50 years to life.

"I believe the brothers were subject to a tremendous amount of dysfunction in their home and molestation," Gascon said at a press conference. "While there is no excuse for murder, I believe they have paid their debt to society."

New evidence to be presented included a letter from Erik to another family member allegedly written in 1988 that details the alleged abuse by his father. Another comes from a then-underage member of the 1980s Puerto Rican boy band Menudo, who alleges that Jose Menendez drugged and raped him during a visit to Menendez’s home. Jose was an executive at record company RCA at the time.

Kardashian praised Gascon in a statement posted on her Instagram Stories on Thursday night. “The Menendez brothers were granted a second chance at life and will wake up tomorrow finally eligible for a parole hearing. They could be released in as early as six months," she wrote.

“Thank you, George Gascon, for revisiting the Menendez brothers’ case and righting a significant wrong. Your commitment to truth and fairness is commendable."

She also thanked Ryan Murphy, the co-creator of the Netflix show for helping "expose the abuse and injustices in their case".

Will the Menendez brothers walk free?

The road to freedom is still a long way ahead for the brothers. Once Gascon's office files the resentencing recommendation, a hearing will be scheduled, which could be in a month. Then, it will be up to a judge to decide, after hearing arguments, if they should be resentenced.

Following that, a parole board will examine the case and decide on the rehabilitation of the brothers. Even if the parole board approves their release, California Governor Gavin Newsom could still reject it.

Kardashian remained hopeful for their release, however. "In 2015, a bill was passed in California allowing individuals sentenced to life in prison before the age of 25 to seek parole after serving 25 years," she wrote on Instagram. "Since Erik and Lyle have been in prison for 35 years, they qualify as 'youthful offenders' and are immediately eligible for parole."

What happened on the night of the murder?

On the night of August 20, 1989, brothers Lyle and Erik Menendez walked into their Beverly Hills mansion and murdered their parents in cold blood. Their father, Jose, was hit six times, while their mother, Kitty, was shot 10 times.

While initially not suspects, the brothers were eventually arrested six months later after Erik, then only 19, confessed to his psychologist about the killings. Lyle, who was 22 at the time, was first arrested, with Erik later turning himself in.

The Menendez Murders, as their trial came to be known, became a media sensation, owing to the allegations the brothers levelled against their father, who they claimed sexually and physically abused them for years. They accused their mother of turning a blind eye to their suffering and enabling their father.

The murders were the subject of Netflix series, Monsters: The Lyle and Erik Menendez Story. Created by Murphy and Ian Brennan, the show is the second in their Monsters anthology series, which began with Dahmer – Monster: The Jeffrey Dahmer Story, which broke streaming records when it was released in 2022.

Who were the Menendez brothers?

Lyle, who was born Joseph Lyle Menendez, was the first child of Jose and Kitty. Deciding to use his middle name early in life, he was an average student and was even put on probation in university owing to his low grades. Erik was also a low performer in school, however, he flourished as a tennis player and travelled across the country and abroad for various tournaments.

Jose, a Cuban immigrant, was a successful executive working in the entertainment industry. As a result, the family lived a comfortable life. Kitty, who had aspirations of becoming an actress, became a full-time housewife after their sons were born.

According to court documents, the boys' cousin Diane Vander Molen, testified that Lyle told her in 1976 that he was being sexually abused by his father. Vander Molen then reportedly told Kitty who accused Lyle of lying.

During the trial, another cousin, Andy Cano, also testified that Erik told him about being sexually abused by his father. When Erik told Lyle about the abuse, the boys confronted their father, which reportedly led to an altercation. They later testified that their father threatened to kill them if they told anyone.

How were Lyle and Erik arrested?

After killing their parents, both Lyle and Erik remained in the house until the police arrived, claiming they had been to a movie and had returned to find their parents shot dead. Prosecutors said the brothers then began to spend extravagantly and travelled extensively, with Lyle even buying a restaurant.

But as the police narrowed their investigation, the brothers soon became the main suspects, owing to their new-found fancy lifestyle – but were still unable to pin the murders on them. A breakthrough arrived when a woman having an affair with Erik's psychologist told police he had admitted to the killings. Judalon Smyth reported his confession, given to Jerome Oziel, and the pair were arrested in 1990, six months after the murder.

What happened at the trial?

The trial began in 1993 and was broadcast live. Lyle and Erik, who were tried separately, both admitted to killing their parents but said they did so in self-defence. By the time the trials ended in 1994, both juries were deadlocked, resulting in a mistrial.

At the second trial, which began in 1995, the brothers were tried together, with no cameras allowed in the courtroom. Prosecutors accused the brothers of being "vicious, spoiled brats" who had killed their parents so they could get their hands on the family fortune. The brothers' lawyer argued that, after years of abuse, Lyle and Erik both believed their lives were in danger, which led them to kill.

Lyle and Erik were found guilty of first-degree murder and sentenced to two consecutive life sentences in 1996.

Appeals and life in prison

Lyle and Erik have filed many appeals over the years, with state courts as well as the US Supreme Court, all of which have been denied. Last year, the brothers filed documents to request another hearing, with their lawyer saying they had the testimony of another man who claims to have been raped by their father in the 1980s.

Lyle, now 56, has been married twice, first in 1996 and then in 2001. Erik has been married since 1999 and has a daughter.

Who's in the cast of Monsters: The Lyle and Erik Menendez Story?

Oscar-winning actor Javier Bardem plays Jose while Chloe Sevigny plays Kitty. General Hospital star Nicholas Chavez portrays Lyle and newcomer Koch plays Erik.

Veteran actor Nathan Lane plays a investigative journalist and Ari Graynor is the Menendez brothers' lead lawyer. Other cast members include Leslie Grossman as Judalon Smyth and Dallas Roberts as the boys' therapist, who becomes inextricably linked to the murders.