Menendez Brothers Case: Lyle and Erik Menendez await a decision that could mean their release from prison

CNN
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As the Los Angeles County district attorney weighs new evidence that could lead to Lyle and Erik Menendez being released from prison after more than 30 years, nearly two dozen of their relatives are expected to speak on their behalf at a news conference Wednesday.

In 1996, the Menendez brothers were sentenced to life in prison without the possibility of parole for the murders of their parents Jose and Kitty in their Beverly Hills home.

Although they never denied killing their parents, both men claimed during the trial that they acted in self-defense and suffered years of physical and sexual abuse at the hands of their father.

The brothers' lawyers have also argued that the judge who oversaw the 1996 case did not allow much of the defense's evidence of abuse to be presented to the jury.

In 2023, lawyers representing the Menendez brothers filed a petition arguing that they should be granted relief from their prison sentences based on new allegations pointing to Jose Menendez's alleged pattern of sexual abuse, as well as a letter Erik Menendez wrote to a cousin that alludes to the abuse he endured.

And they may soon get that chance, as Los Angeles District Attorney George Gascón is considering resentencing the brothers based on evidence submitted in the 2023 petition. He announced earlier this month that there was no doubt the brothers committed the murders but that his office was reviewing the evidence.

In an interview with ABC that aired Wednesday, Erik and Lyle's cousin, Karen Vander MolenCopley, said she remembered noticing the boys' behavior had changed over the years.

“When they were younger, you could see there were these two lively little kids, little boys who were getting sadder and sadder as the years went on,” MolenCopley said.

After more than 30 years in prison, MolenCopley, who was among those at the news conference, said she now believes Lyle and Erik should be released and come home and be with their family.

“That would be the best birthday present for my mom… would be to have her nephews over at her house on their birthday on Thanksgiving.”

But a lawyer for Kitty Menendez's brother, Milton Andersen, accused Gascón on Wednesday of betraying victims and their families.

“The Menendez brothers’ cold-blooded actions devastated their family and left a trail of grief that lasted for decades. Jose was shot six times and Kitty was shot 10 times, including a shot in the face after Erik reloaded,” said attorney Kathy Cady, a retired prosecutor, in a statement.

Andersen was not informed that Gascón had reassigned the case, nor was he informed of a news conference in which the district attorney announced a second review, according to Cady, who said the prosecutor did not respond to her requests for a meeting.

“Mr. Andersen, like the families of all victims, has a constitutional right to be informed, to have his voice heard and to have his opinion considered in any decision about the case,” Cady said.

CNN has reached out to Gascón for comment.

On Sunday, Gascón posted on social media an image of the handwritten, undated letter that Menendez's lawyers submitted as part of their petition.

In the letter, Erik Menendez wrote: “I tried to avoid Dad. It still happens, Andy, but it’s worse for me now.”

He continued: “I never know when it's going to happen and it drives me crazy. “Every night I stay awake thinking he might come in. I have to put it out of my mind.

“I know what you said before, but I'm scared. You just don't know Dad as well as I do. He’s crazy!”

The publicly available image of the letter has since been deleted from Gascón's social media accounts – but the district attorney addressed the letter's possible meaning in an interview with ABC that aired Wednesday.

The letter “is all about the abuses that formed the basis of her defense,” Gascón said. He told ABC that his office is expected to decide on the Menendez brothers' sentence later this month.

The case has resurfaced following the release of the Netflix series “Monsters: The Lyle and Erik Menendez Story” last month. Netflix also released a documentary this month about the Menendez case, in which both men discuss what led to the murders.

Former Los Angeles County District Attorney Loni Coombs told CNN's Jim Acosta on Wednesday that Gascón has publicly said the documentary prompted many calls to his office about new evidence in the case.

“This new evidence request has been sitting on his desk for over a year, but it wasn't until this documentary got all the attention and spotlight that he's now coming out and saying, 'I'm going to look at this. '” she said.

Society has changed its view of sexual abuse of boys, she said.

“We understand it better. We understand the dynamic that it sometimes takes years for victims to be able to talk about the trauma,” she added.

Coombs described the timing of the district attorney's decision to review the case as “a perfect storm,” noting that Gascón has already resentenced 300 people in the county in the past year.

CNN's Ray Sanchez contributed to this story.