Erik and Lyle Menendez are set for a Monday court appearance in Los Angeles after their lawyers requested that a judge review potential new evidence and consider resentencing in their first-degree murder convictions for the 1989 killings of their parents.

The status hearing scheduled for 10:30 a.m. at the Van Nuys West Courthouse involves a habeas corpus petition filed last year by their attorneys, which argues that two new pieces of evidence not presented during the brothers’ two trials support their allegations of sexual abuse by their father. 

The 21-page petition states that the evidence helps show that Erik and Lyle Menendez killed their parents in self-defense, and undercuts the prosecution’s argument during the second trial that the brothers were lying about the abuse and the killings were motivated by greed. 

A history of the Menendez brothers case

Erik and Lyle Menendez fatally shot their parents, Jose and Kitty Menendez, on Aug. 20, 1989 at their Beverly Hills home. They were arrested months later and charged with first-degree murder. 

From there, they faced two jury trials in 1993 and 1995, with the first ending in a hung jury and mistral, and the second resulting in guilty verdicts.

They were sentenced to life in prison without the possibility of parole in July 1996.

The case gained renewed public attention after a Netflix documentary and drama series recently released this year, and was a focus of the recent election for Los Angeles County district attorney. 

Several of the brothers’ family members have called for their release in light of generational shifts in conversations about abuse. 

Decisions on resentencing, clemency

Erik and Lyle Menendez are set for another hearing on Dec. 11 after LA County District Attorney George Gascón made a recommendation for resentencing last month. District Attorney-elect Nathan Hochman, who unseated Gascón in the Nov. 5 election, takes office on Dec. 2.

The DA’s office has said that the habeas petition and possible resentencing take different factors into consideration.

“While the habeas petition raises questions about the evidence at trial, the resentencing request focuses on rehabilitation and behavior during time served,” the DA’s office said in an Oct. 24 statement. 

Although Erik and Lyle Menendez have also petitioned for clemency, Gov. Gavin Newsom said earlier this month he will defer the decision to allow Hochman to review the case upon entering office.

The Menendez brothers’ habeas petition

The brothers are expected to appear remotely at Monday’s hearing on their habeas petition.

Appellate attorneys for the Menendez brothers have asked the court to review a sworn declaration by Roy Rossello, a former member of the Latin American boy band, Menudo, who alleged he was raped in the 1980s by Jose Menendez. Rossello was a teenager 14 or 15 at the time the band was signed to RCA Records, where Jose Menendez was an executive.

The other piece of potential new evidence is a letter said to be written by Erik to his cousin, Andy Cano, about eight months before the killings. As cited in court filings, the letter reads, in part, “Its (sic) still happening Andy but its worse for me now. I can’t explain it… I never know when its (sic) going to happen and its driving me crazy.”

“Every night I stay up thinking he might come in. I need to put it out of my mind. I know what you said before but I’m afraid. You just don’t know dad like I do,” the letter continues. “He’s crazy! He’s warned me a hundred times about telling anyone especially Lyle… I don’t know I’ll make it through this. I can handle it, Andy. I need to stop thinking about it.”

Jose Menendez’s younger sister, Marta Cano, discovered the letter, court filings state, while one of the brothers’ attorneys, Cliff Gardner, found out about Rossello’s allegation in November 2022. 

In court filings, attorneys for the Menendez brothers argue that these two new pieces of potential evidence contradict the prosecution’s argument in the second trial that Jose Menendez was “not the kind of man” to abuse children was “not a violent and brutal man.”

“In short the new evidence not only shows that Jose Menendez was very much a violent and brutal man who would sexually abuse children, but it strongly suggests that — in fact — he was still abusing Erik Menendez as late as December 1988,” court documents state. “Just as the defense had argued all along.”

Response from family members, law enforcement

The Beverly Hills Police Department, which investigated the 1989 killings, released a statement after Gascón announced his resentencing recommendation, saying detectives “presented relevant facts and evidence” to prosecutors that led to the filing of criminal charges.

Several family members have supported the Menendez brothers’ bid for freedom, appearing at a news conference in downtown Los Angeles last month to plead for their release.

“I never thought this day would come. I am Kitty’s sister,” their aunt, Joan VanderMolen, told reporters. “For many years, I struggled with … what happened to my sister’s family. It was a nightmare none of us could’ve imagined. But as details of Lyle and Erik’s abuse came to light, it became clear that their actions – while tragic – were the desperate response of two boys trying to survive the unspeakable cruelty of their father.”

“They were just children — children who could’ve been protected and were instead brutalized in the most horrific ways,” said VanderMolen, 92. “The world was not ready to believe that boys could be raped or that young men could be victims of sexual violence. Today we know better.”

Meanwhile, at least one of their relatives, maternal uncle Milton Andersen, has spoken out against the possibility of an early release, with his attorney expressing opposition to the court.

Gardner, who filed the habeas petition on the brothers’ behalf in May 2023, told CBS News’ “48 Hours” earlier this year that the newly discovered letter and Rossello’s affidavit proves their murder convictions should be vacated.

“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. “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.”