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Los Angeles prosecutors to review new evidence in Menendez brothers' 1996 murder conviction

LOS ANGELES (AP) 鈥 Prosecutors in Los Angeles are reviewing new evidence in the case of Erik and Lyle Menendez to determine whether they should be serving life sentences for killing their parents in their Beverly Hills mansion more than 35 years ago,
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Attorneys Bryan Freedman, center, and Mark Geragos, left, address the media on developments on the case of brothers Lyle and Erik Menendez, both serving life sentences for the murder of their parents in 1989, Thursday, Oct. 3, 2024 in Los Angeles. (AP Photo/Jaimie Ding)

LOS ANGELES (AP) 鈥 Prosecutors in Los Angeles are reviewing new evidence in the case of Erik and Lyle Menendez to determine whether they should be serving life sentences for killing their parents in their Beverly Hills mansion more than 35 years ago, the city's district attorney said Thursday.

Los Angeles County District Attorney George Gasc贸n said during a news conference that there is no question Erik Menendez, 53, and his 56-year-old brother, , committed the murders, but his office will be reviewing new evidence and will make a decision on whether a resentencing is warranted in the notorious case that captured national attention.

The new evidence presented in a petition includes a letter written by Erik Menendez that his attorneys say corroborates the allegations that he was sexually abused by his father.

have said they killed their parents out of self-defense after enduring a lifetime of physical, emotional and sexual abuse from them. Their attorneys argue that because of society's changing views on sexual abuse, that the brothers may not have been convicted of first-degree murder and sentenced to life without parole today.

Bryan Freedman, the extended family鈥檚 lawyers, said they strongly support the brothers鈥 release.

鈥淪he wishes nothing more than for them to be released,鈥 Freedman said of Joan VanderMolen, the brothers鈥 aunt.

The brothers鈥 attorneys said the family believed from the beginning they should have been charged with manslaughter rather than murder. Manslaughter was not an option for the jury during the second trial that ultimately led to the brothers鈥 murder conviction, attorney Mark Geragos said.

Lyle Menendez, who was then 21, and Erik Menendez, then 18, admitted they fatally shot-gunned their entertainment executive father Jose Menendez and their mother, Kitty Menendez, in 1989 but said they feared their parents were about to kill them to prevent the disclosure of the father鈥檚 long-term sexual molestation of Erik.

Prosecutors at the time contended there was no evidence of any molestation. They said the sons were after their parents鈥 multimillion-dollar estate.

Jurors rejected a death sentence in favor of life without parole.

Attorney Cliff Gardner, who also represents the brothers, said they are pleased by the district attorney鈥檚 decision. The attorneys have asked for the court to vacate their conviction.

鈥淕iven today鈥檚 very different understanding of how sexual and physical abuse impacts children 鈥 both boys and girls 鈥 and the remarkable new evidence, we think resentencing is the appropriate result,鈥 Gardner said in an email Thursday to The Associated Press. 鈥淭he brothers have served more than 30 years in prison. That is enough.鈥

The case has gained new attention in recent weeks after Netflix began streaming the true-crime drama 鈥 鈥

In a statement on X posted by his wife, Erik Menendez called the show a 鈥渄ishonest portrayal鈥 of what happened that has taken them back to a time when prosecutors 鈥渂uilt a narrative on a belief system that males were not sexually abused, and that males experience rape trauma differently from women.鈥

Gasc贸n said he believes that the topic of sexual assault would have been treated with more sensitivity if the case had happened today.

鈥淲e have not decided on an outcome. We are reviewing information,鈥 Gasc贸n said.

He said his office did not know the 鈥渧alidity鈥 of what was presented at the trial.

Gasc贸n, who is seeking reelection, noted that more than 300 people have been resentenced during his term, and only four have gone on to commit a crime again.

A hearing was scheduled for Nov. 29.

Lyle Menendez recently earned a sociology degree from the University of California, Irvine, through a prison program. Geragos said they have been model prisoners despite believing they would never be released.

鈥淚 think it's time,鈥 Geragos said. 鈥淭he family thinks it's time.鈥

Reality TV star and celebrity personality Kim Kardashian, who has advocated for criminal justice reform, also weighed in, writing in a personal essay shared with NBC News that the outsized media attention on the first trial that was nationally televised denied them justice.

She noted with 鈥渢heir suffering and stories of abuse ridiculed in skits on 鈥楽aturday Night Live鈥欌 that they were painted as 鈥渢wo arrogant, rich kids from Beverly Hills who killed their parents out of greed. There was no room for empathy, let alone sympathy.鈥

鈥淓rik and Lyle had no chance of a fair trial against this backdrop," Kardashian wrote.

___

This story has been updated to correct the name of the Netflix true-crime drama on the Menendez brothers to 鈥淢onsters: The Lyle and Erik Menendez Story," not 鈥淭he Menendez Brothers.鈥

Christopher Weber And Jaimie Ding, The Associated Press