LA County district attorney shares evidence in Menendez brothers case as he mulls their sentence

By Chelsea Bailey, CNN

(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 CNN previously reported.

In the petition, 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 released a documentary 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 until November 26 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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