Evidence of alleged sexual abuse to be reviewed in Menendez brothers case, prosecutors say
On the heels of the controversial Netflix true-crime drama about Erik and Lyle Menendez, Los Angeles prosecutors announced they are reviewing new evidence of alleged sexual abuse brought forth by the brothers' attorneys.
Los Angeles County District Attorney George Gascón spoke about the ongoing review concerning the 1989 double homicide during a news conference on Thursday.
"I know this is an area of tremendous interest nationally, especially since the Netflix documentary came out," Gascón said about the case. "We're getting a lot of calls."
The Menendez brothers' attorneys have filed petitions for authorities to not only review new evidence but also consider resentencing them for their crimes based on their level of rehabilitation and overall conduct inside of prison, according to Gascón.
Prosecutors are standing by the 1996 conviction and outcome of the original trials as Gascón said the brothers were "clearly the murderers" of their parents, Jose and Kitty Menendez. What prosecutors are reviewing and determining based on the new evidence is whether or not the findings would have led to the jury coming to a "different conclusion," according to the DA.
"I don't think there is any question in this case that the young men, one was 19 and the other was 21 at the time, murdered their parents," Gascón said.
Cliff Gardner, the brothers' attorney, told USA TODAY in an email on Friday that the 35 years his clients served in custody "is enough."
"I believe that anyone who fairly considers the extraordinary evidence excluded from the first trial and the new evidence presented in the habeas petition will conclude beyond any question that the brothers were sexually abused," Gardner wrote. "And with today’s understanding of the impact of sexual abuse on children − boys or girls − I believe this evidence shows that manslaughter, not murder, was the appropriate sentence."
What is the new evidence in the Menendez brothers case?
The new evidence Gascón and his office will review includes a photocopied letter that one of the brothers allegedly sent to another family member about him being the victim of molestation.
Prosecutors were also given evidence by one of the brothers' attorneys alleging that he had been molested by his father, according to Gascón, who added that none of the claims brought forth by the defense have been confirmed. The DA did not specify which brother claimed they were molested.
"We are not, at this point, ready to say that we either believe or do not believe that information," the DA said. "But we're here to tell you because we have a moral and ethical obligation to review what is being presented to us and make a determination."
If the brothers are resentenced, then Erik Menendez, 53, and Lyle Menendez, 56, could "walk out" of prison after already serving 35 years for their parents' murders, Gascón said. The other possibilities include the brothers receiving a lesser sentence and even a new trial, the DA added.
Both brothers were sentenced to life in prison without the possibility of parole in 1996.
A hearing regarding the new evidence is set for Nov. 29, according to Gascón.
'There are men also that are victimized'
Los Angeles prosecutors decided to review the new evidence to recognize further that "both men and woman can be victims of sexual assault," Gascón said.
"Most of the victims are usually young women, but there are men also that are victimized," according to the DA.
Gascón also mentioned the 100-plus allegations made against hip-hop mogul Sean "Diddy" Combs, which include accusations of sexual assault against young boys and men.
"We have seen over and over again when both young boys and young girls are molested," the DA said.
'Appeal for Menendez Brothers' Change.org petition
A Change.org petition titled "Appeal for Menendez Brothers" has over 365,000 signatures and aims to get a new trial, a reduced sentence, or another equitable remedy for Erik and Lyle Menendez.
"The Menendez trial is a very famous and controversial case but unfortunately also very understanding and important in the perspective of someone whose been sexually abused as a child their self," the petition's organizer, Micailla Beachman, wrote on the Change.org page.
"The original trial contained information, evidence and testimonies that caused a mistrial, of which i firmly believe was and is the truth. The second trial removed that defense evidence in ignorance of child sexual abuse statistics & lack of humaneness making all given information useless in the final prosecution."
The petition's goal is 500,000 signatures, according to the Change.org page.
"Even if (you're) unfamiliar with their case, do the research if it interests you & if not at least understand everyone deserves a second shot at life, in their situation this would be their first real shot at life in freedom, not only from prison but from their inner fears, their past burdens and present regrets, "Beachman wrote. "A change in justice was made for a reason, why not retry the case with the new bill?
Kim Kardashian, others support the Menendez brothers' release
In addition to Beachman and the thousands who have signed the petition, Kim Kardashian also called for the brothers' release in a personal essay shared exclusively with NBC News.
"We are all products of our experiences. They shape who we were, who we are, and who we will be. Physiologically and psychologically, time changes us, and I doubt anyone would claim to be the same person they were at 18," the Skims founder and billionaire beauty mogul wrote. "Twenty-four family members, including their parents' siblings, have released statements fully supporting Lyle and Erik."
Kardashian had recently visited the prison where the Menendez brothers were housed, along with Ryan Murphy's "Monsters" star Cooper Koch, who plays Erik in the second season of the Netflix miniseries, Variety reported on Sept. 21.
"Can anyone honestly deny that the justice system would have treated the Menendez sisters more leniently," Kardashian said, noting that at the time "there were virtually no systems in place to support survivors, and public awareness of the trauma of male sexual abuse was minimal, often clouded by preconceived judgments and homophobia."
Contributing: Jay Stahl, USA TODAY
