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Justice for Erik and Lyle Menendez? DA is examining new evidence

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Relatives of Lyle and Erik Menendez, brothers serving life sentences for murdering their parents, are arguing for the siblings' release as prosecutors say they have met with the family and are considering new evidence in the infamous case.

A group of over 20 family members told reporters Wednesday that they will urge Los Angeles District Attorney George Gascon to release the Menendez brothers in light of new evidence that they say shows the abuse the brothers suffered at the hands of their father Jose Menendez suffered.

“I implore the District Attorney’s Office to end our long suffering and return Lyle and Erik to our family,” Jose Menendez’s sister said in a statement. “Thirty-five years is such a long time. I pray I live long enough to see my nephews again and hug them one more time.”

The Menendez brothers were convicted by a jury in 1996 of the 1989 murders of their parents Jose and Kitty Menendez after their first, widely televised trial ended in a mistrial.

Erik and Lyle Menendez argued they acted in self-defense and said the couple had been sexually abused by both parents. Prosecutors claimed the abuse never happened and that the brothers wanted their parents' assets. The brothers' lawyers and the coalition of family members said the judge overseeing the second trial excluded key evidence of the abuse the Menendez brothers suffered.

Now her case, which has garnered renewed attention thanks to a series of new documentaries and a controversial true-crime drama, is being closely examined by prosecutors.

Here's what we know about the new evidence and the District Attorney's assessment of the case:

The new evidence includes a letter purportedly written by Menendez's brother

Among the new evidence being examined by prosecutors is a letter allegedly written by Erik Menendez to his cousin Andy Cano in which he alludes to ongoing abuse he suffered.

An excerpt from the letter, allegedly written eight months before the murders, was included in the 2023 habeas corpus petition filed by the brothers' lawyers.

“I tried to avoid dad. It still happens, Andy, but now it’s worse for me,” one excerpt reads. “I never know when it's going to happen and it drives me crazy. Every night I stay awake thinking he might come in.”

Later the letter says: “I know what you said before, but I'm scared. You just don't know Dad as well as I do. He's crazy! He warned me a hundred times not to tell anyone.”

Investigators are also looking into allegations by a member of the 1980s pop band Menudo that he was mistreated by Jose Menendez, a music manager. These allegations were made public last year in the Peacock documentary series Menendez + Menudo: Boys Betrayed.

Family members demand the Menendez brothers' release

The Menendez brothers' family said Wednesday the siblings should either be released or face a new trial, citing new evidence and developments in understanding victims of sexual abuse.

“If Lyle and Erik's case were tried today, and given the understanding we now have about abuse and post-traumatic stress disorder, there is no doubt in my mind that their sentencing would have been very different,” said Anamaria Baralt, niece of Jose Menendez.

“It is time to acknowledge the injustice they have suffered and give them the second chance they deserve,” she said. “Now here we stand, both sides of the family united and a new bond of hope.”

Joan VanderMolen, Kitty Menendez's sister, told reporters that the family knew nothing of the abuse the brothers suffered, adding in defense of the murders that “abuse has long-term effects and victims of trauma sometimes act in ways that which is very difficult to understand.”

“I had no idea the extent of the abuse they endured at the hands of my brother-in-law; None of us did,” she said.

Later Wednesday, prosecutors acknowledged the evolution in the way the criminal justice system handles cases involving victims of sexual abuse.

“Our office has developed a more modern understanding of sexual violence since the Menendez brothers were first prosecuted,” it said. “Today, our office recognizes that sexual violence is a pervasive problem that affects countless people – of all gender identities – and we are committed to supporting all victims as they cope with the profound impact of such trauma.”

The DA's office is “exploring all options” as it evaluates Menendez's cases

In a statement Wednesday, the Los Angeles County District Attorney's Office said it had met with the Menendez family and was working to “ensure that justice is served.”

“We have heard the Menendez family's sincere requests for a review of this case. While we cannot officially comment on decisions at this time, please know that our office is committed to a thorough and fair process and will explore all options available to our office to ensure that justice is served will,” the statement said.

The office's resentencing division reviews the cases and “focuses on rehabilitation and behavior during time served,” the statement said. The office's trial and appeals division, meanwhile, is combing through new evidence and asking questions about the evidence in previous trials.

“Prosecutors are still seeking complete documentation of the defense’s allegations,” the statement said. “The office works as quickly as the justice system allows.”

If the brothers are resentenced, Erik and Lyle Menendez could be released from prison after already serving 35 years for their parents' murders. According to prosecutors, other options include the brothers receiving a lesser sentence or even a new trial.

The next court date is scheduled for November 26th.

Contributors: Reuters; Jonathan Limehouse, USA TODAY

By Vanessa

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