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lite.cnn.com - on gopher - inofficial
ARTICLE VIEW:
LA County district attorney shares evidence in Menendez brothers case
as he mulls their sentence
By Chelsea Bailey, CNN
Updated:
1:48 AM EDT, Wed October 16, 2024
Source: CNN
The Los Angeles district attorney has released new evidence in the Lyle
and Erik Menendez case that could potentially lead to a review of their
life sentences for murder.
After their first widely publicized trial ended in a mistrial, a jury
convicted the Menendez brothers of murdering their parents, Jose and
Kitty, following a second trial in 1996.
While they never denied killing their parents, the brothers claimed
they acted in self-defense and were lifelong victims of sexual abuse by
their father. During the second trial, prosecutors argued the “abuse
didn’t happen” and the judge overseeing the case did not allow much
of the defense’s evidence of abuse to be presented, according to the
brothers’ attorneys.
In July 1996, both men were sentenced to life in prison without the
possibility of parole.
Now, more than 35 years after the murders, LA District Attorney George
Gascón has publicly posted a screenshot of a letter the brothers’
attorneys have argued corroborates Erik’s allegations he was sexually
abused by his father.
On Sunday, Gascón shared an image of the handwritten, undated letter
in a post on his social media platforms. The letter was written by Erik
Menendez and alludes to the abuse. As of Tuesday, the post was no
longer up on Gascón’s Instagram page.
“I’ve been trying to avoid dad. Its still happening Andy but its
worse for me now,” the letter states. “I never know when its going
to happen and its driving me crazy. Every night I stay up thinking he
might come in.”
An attorney for the Menendez brothers confirmed the authenticity of the
letter posted by Gascón, saying it’s an excerpt of a letter included
in their May 2023 habeas corpus petition filed with the LA Superior
Court, which
In the , the attorneys say the letter was written by Erik Menendez to
his cousin, Andy Cano, in December 1988 – months before Kitty and
Jose were murdered. Had the letter been introduced as evidence during
the 1996 trial, the Menendez attorneys argue, the jury may have reached
a different conclusion.
“Mark and I are certainly pleased that the District Attorney is
taking the time to look into the merits of the habeas petition,”
defense attorney Cliff Gardner told CNN in a statement, referring to
Mark Geragos, who also represents the brothers.
“Given today’s very different understanding of the devastating
impact of sexual and physical abuse on young children (both boys and
girls), the testimony about Jose’s sexual abuse of Lyle that was
excluded at the second trial and the remarkable new evidence presented
in the habeas petition, we think resentencing is in the interests of
justice,” Gardner said. “The brothers have served more than 30
years in prison. That is enough.”
CNN reached out to Gascón’s office for comment.
The case has reemerged in the spotlight after more than 30 years,
following last month’s release of “Monsters: The Lyle and Erik
Menendez Story,” a Netflix series created by prolific TV showrunner
Ryan Murphy.
This month, Netflix also on the Menendez case featuring both men
discussing what led to the murders.
The family of Erik and Lyle Menendez said they will hold a news
conference “in a powerful show of unity” outside the Los Angeles
courthouse Wednesday, alongside Gardner and Geragos.
Gascón’s office has to provide a response to the brothers’
petition to challenge the legality of their incarceration.
In a news conference earlier this month, Gascón stated his office has
a “moral and ethical obligation to review” the Menendez brothers’
case. He is campaigning for reelection this November on a progressive
platform that includes sentencing reform.
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