WASHINGTON − Relatives and supporters of convicted killers Lyle and Erik Menendez are again pleading for the siblings’ release as a hearing to determine whether they should be resentenced for the infamous 1989 murder of their parents has been delayed yet again.
A California judge is expected to decide in March if the brothers should have their sentences of life in prison without the possibility of parole reduced, which could pave the way for their release after 35 years in prison. The hearing, originally scheduled for December, was moved due to the impacts of the California wildfires.
Despite the delays and the likely long road to freedom ahead, the brothers and their family are still hopeful they’ll be released, Anamaria Baralt, Lyle and Erik’s cousin, told USA TODAY. She said the men deserve to be freed because they have not only expressed remorse for the killings, but also grown substantially as people during their imprisonment.
“We have also completely forgiven them. We love them so much we miss them,” Baralt said. “There is not a family holiday that there is not just a hole in our hearts and a void in our family.”
Why the decades-old double homicide is getting another look now
The brothers were convicted in 1996 of killing their father, wealthy music industry executive Jose Menendez, and mother, Kitty Menendez, in a retrial after their first murder trials ended with two hung juries. Defense lawyers initially argued Lyle, then 21, and Erik, then 18, had been physically and sexually abused, feared their parents might kill them to stop them from exposing the abuse and fatally shot them in self-defense.
During the second trial, a judge excluded substantial evidence of the alleged abuse, their attorneys and family members contend. Prosecutors argued the brothers fabricated the abuse and killed their parents to obtain their estimated $15 million fortune, claims fueled by a lavish spending spree the pair went on after the murders.
Baralt believes that if the pair had been tried today, when many people have a greater awareness of abuse and sexual violence, particularly for male victims, things would have gone differently.
Following the release of a Netflix documentary and a dramatized scripted series, the case attracted renewed attention, including from Kim Kardashian who joined the calls for their sentence to be reconsidered.
In October, former Los Angeles County District Attorney George Gascón petitioned the court to resentence the men to 50 years to life on two counts of first-degree murder. Under California law, that would make the brothers eligible for youth parole since they were under the age of 26 at the time of the crime and have already served more than 30 years in prison.
The petition came after the brothers’ attorney submitted new evidence, including a letter purportedly written by Erik Menendez to his cousin, which alludes to alleged abuse uncovered by Robert Rand, a journalist who covered the case since its inception and author of The Menendez Murders. A former member of boy band Menudo, Roy Rosselló, has also alleged Jose Menendez drugged and raped him, which Rand said helped propel the murder case further into the spotlight.
Gascón said though some of his staff disagreed about the abuse claim, he determined that the brothers “were subjected to a large amount of dysfunction in the home and molestation,” after reviewing the evidence.
“Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence,” Gascón said.
He also noted that the brothers had sought to improve themselves and the lives of their fellow inmates during their imprisonment. During their imprisonment, Baralt said Erik Menendez has become a meditation teacher who has organized programs to help his peers work with other inmates with disabilities while Lyle Menendez spearheaded an initiative to overhaul the prison yard.
“There was no hope of them ever getting out – life without parole – and still both of them, both Erik and Lyle, have dedicated their lives for decades to helping those around them,” Baralt said.
Resentencing bid repeatedly delayed
As the push for resentencing has gained steam, Gascón lost his bid for reelection as district attorney in November to Nathan Hochman, who expressed concern that his predecessor’s support for the brothers might have been politically motivated. Gascón sent letters to California Gov. Gavin Newsom requesting clemency on behalf of each brother, but Newsom declined to make a decision, saying he wanted to give Hochman the opportunity to weigh in.
Los Angeles Superior Court Judge Michael Jesic then delayed the hearing to give himself and Hochman more time to review the case. The resentencing hearing was pushed again to March 20 “due to the impact of recent wildfires on the parties’ extensive preparations for the hearings.”
Hochman met with 25 members of the family this month to discuss his review of the case, calling it a “productive and important conversation.”
“I appreciate the opportunity to engage with the Menendez family and will continue to approach this matter with the utmost care and diligence,” he said in a statement.
The district attorney said his team is reviewing thousands of pages of prison records, court documents and transcripts from the trials to reach a decision on the resentencing and a habeas petition the brothers filed in 2023 to overturn their convictions based on the discovery of new evidence.
“It was very emotional,” Baralt said of the meeting with Hochman. “We were able to convey to him what we were looking for, what we were hoping for as a whole family that has been through a lot, so much over the last 35 years.”
When will the Menendez brothers be released?
Jesic will decide whether or not the brothers should be resentenced and eligible for parole. A parole board will then evaluate whether they have been rehabilitated and are safe to reenter society.
Baralt hopes that Jesic will resentence the men on the lesser charge of manslaughter to avoid putting the family through the trauma of having to make their case to the parole board.
“If he were to do that, they would be released immediately,” Baralt said.
The final decision would then lie with Newsom, as California is one of only a handful of states where the governor can accept, modify or reverse the board’s decision to deny or grant parole to a convicted murderer, according to the board.
“If an incarcerated person is granted parole at a youth offender parole hearing, they will be eligible for release immediately after the decision granting him or her parole is final (which takes about five months),” the board has said.
If the resentencing bid fails, Rand said the brothers could also seek freedom through the habeas petition, which asks the court to determine if the new evidence that’s been uncovered would have made a difference during their original trials and vacate their convictions if so. “It could take six months, eight months, could take a year, but eventually they will get out and they should get out,” he said.
Baralt said she speaks to her cousins every day and they are “cautiously optimistic” about the possibility of being released.
“At this point, our family feels so strongly that 35 years is enough. They have paid their price, right? We are ready for them to come home,” Baralt said.
Contributing: John Bacon, Jorge L. Ortiz, Christopher Cann, USA TODAY
The Smith family is pleading for the release of their loved one, John Smith, whose resentencing has been delayed once again. John was sentenced to life in prison without parole for a crime he committed as a teenager. However, recent changes in the law have made it possible for juveniles like John to be resentenced and given a second chance at freedom.
The Smith family has been waiting anxiously for this day to come, hoping that John would finally be given the opportunity to prove that he has changed and deserves a chance to be released back into society. They have been preparing for his return, making plans for his future and hoping to rebuild their family bonds.
But now, their hopes have been dashed once again as John’s resentencing has been postponed indefinitely. The family is devastated, feeling like their chance at being reunited has been taken away from them once more. They are calling on the courts to expedite the resentencing process and give John the chance he deserves to prove himself and earn his freedom.
The Smith family is asking for support from the community in their fight for justice and their plea for John’s release. They believe that everyone deserves a second chance, especially someone who has shown remorse and worked towards rehabilitation. Let’s stand with the Smith family in their time of need and help bring John home where he belongs. #JusticeForJohnSmith #ReleaseJohnNow.
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