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Menendez family discusses active review of murder conviction
New Jersey

Menendez family discusses active review of murder conviction

LOS ANGELES (KGTV) – More than a dozen family members of Erik and Lyle Menendez spoke Wednesday afternoon about the L.A. district attorney’s decision to consider new evidence in their murder case. They hope this will lead to either a new trial or re-sentencing and ultimately the brothers’ release.

Lyle and Erik served 35 years in prison for killing their parents Jose and Mary Louise, or “Kitty,” in their Beverly Hills mansion in 1989. Lyle was 21 at the time, while Erik was 18. They were sentenced to life in prison without the possibility of parole in 1996.

Watch the full press conference below:

Erik, now 53, has been incarcerated at the Richard J. Donovan Correctional Facility in San Diego since 2013. Lyle, now 56, joined his brother in 2018.

The brothers claim years of repeated sexual assault by their father made them fear for their lives and ultimately drove them to commit the murders.

Kitty’s sister spoke at the press conference.

“I never thought this day would come. “I stand here today with a heavy heart, but also with hope, justice and understanding,” she said. “As details of Lyle and Erik’s abuse emerged, it became clear that their actions, while tragic, were the desperate reaction of two boys trying to survive their father’s unspeakable cruelty.”

There are two main channels through which people convicted of a crime can have their convictions reviewed: habeas corpus and resentencing.
Habeas corpus means, as Los Angeles District Attorney George Gascón essentially explains, “Someone who has been convicted requests a review of the new evidence that was provided when that evidence was presented to the court and jury at the time of conviction would have been made available.” As the process progressed, the outcome might have been different.

During a resentencing, a prosecutor assesses whether someone has been rehabilitated and, based on those measures, may be able to initiate a reevaluation of their original sentence.

On Oct. 3, Gascón said his office was actively reviewing the brothers’ convictions through both channels after defense attorneys presented two key new pieces of evidence.

The first is a handwritten letter that Erik supposedly sent to his cousin Andy Cano. It predates the murders eight months and describes the fear Erik had for his father.

“I tried to avoid dad. “This still happens, Andy, but it’s worse for me now,” the letter said.

Erik Menendez letter

ABC News/LA District Attorney

The second piece of evidence, according to Mark Geragos, one of the brothers’ defense attorneys, was a statement from Roy Roswell, a member of Menudo – a Puerto Rican boy band – that he was another of Jose’s alleged victims.

The LA District Attorney’s Office is currently reviewing these two new pieces of evidence. Gascon had this to say on October 3:

“What I want to say very clearly: We didn’t concede a goal one way or the other. We’re not saying there was anything wrong with the original process. We were presented with evidence. We received a photocopy of a letter that one of the brothers allegedly sent to one of the family members about being a victim of harassment. We also have evidence presented by the defense and his lawyers that one of the Menudo band members has claimed that he was abused by his father. None of this information has been confirmed. We are not prepared to say at this time that we either believe or disbelieve this information. But we are here to tell you that we have a moral and ethical obligation to review what is presented to us and decide based on the resentencing side whether they deserve resentencing, even if they clearly do Murderers were because they have been in prison for 35 years and have repaid their debt to society, or whether a habeas petition is appropriate if there was evidence that was not presented to the court at the time and if that evidence was presented were, a jury might have done it. “I came to a different conclusion.”

Gascón said a hearing is scheduled for Nov. 29. However, his office has until November 26 to provide an informal response.

“Until we get there, we’re not sure what direction it’s going to go,” Gascón said.

In addition to the emotional statements shared Wednesday, the family also announced the launch of a formal petition at JusticeForErikAndLyle.org.

Follow ABC 10News anchor Max Goldwasser on Instagram, Facebook And Twitter.

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