Menendez brothers 'deserve a chance,' relatives say as they push for resentencing and release

Lyle and Erik Menendez are serving life without the possibility of parole.

October 16, 2024, 8:09 PM

Nearly two dozen relatives of Lyle and Erik Menendez united in Los Angeles on Wednesday to urge the district attorney to recommend the brothers -- who are currently serving life behind bars -- be resentenced.

Lyle and Erik Menendez "were failed by the very people who should have protected them -- by their parents, by the system, by society at large," Kitty Menendez's sister, Joan Andersen VanderMolen, said at Wednesday's news conference.

An Oct. 31, 2016, photo provided by the California Department of Corrections and Rehabilitation shows Erik Menendez, left, and a Feb. 22, 2018 photo provided by the California Department of Corrections and Rehabilitation shows Lyle Menendez.
California Department of Corrections and Rehabilitation via AP, FILE

"Their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable cruelty of their father," she said of the murders. "As their aunt, I had no idea of the extent of the abuse they suffered."

In the 1990s, VanderMolen said, "The world was not ready to believe boys could be raped. … Today, we know better."

Joan Andersen VanderMolen, Sister of Kitty Menendez, speaks at a press conference in front of the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles, Oct. 16, 2024.
KABC

"It's time to give them the opportunity to live the rest of their lives free from the shadow of their past," she said.

Following the family press conference, Los Angeles County District Attorney George Gascón released a statement, expressing "empathy for all the victims involved in these tragic incidents."

Gascón said his office is reviewing the case and his legal team has met with the Menendez brothers' family "to listen to their concerns and perspectives."

The next court date is scheduled for Nov. 26, the DA said.

During the family press conference, Anamaria Baralt, niece of Jose Menendez, added, "If Lyle and Erik's case was heard today, with the understanding we now have about abuse and PTSD, there is no doubt in my mind their sentencing would have been very different."

Anamaria Baralt, niece of Jose Menendez, speaks at a press conference in front of the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles, Oct. 16, 2024.
KABC

Behind bars, the siblings "persevered," Baralt said. "They have sought to better themselves and serve as a support and inspiration for survivors all over the world. Their continued incarceration serves no rehabilitative purpose."

The brothers "deserve a chance to heal, and our family deserves a chance to heal with them," Baralt stressed.

The Menendez case dates back to August 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, shot and killed their parents, Jose and Kitty Menendez, in the family's Beverly Hills home.

Lyle Menendez with his attorney Jill Lansing in Los Angeles on March 9, 1994.
Ted Soqui/Sygma via Getty Images, FILE
PHOTO: Erik Menendez during  his trial in Los Angeles, March 9, 1994.
Erik Menendez during his trial in Los Angeles, March 9, 1994.
Ted Soqui/Sygma via Getty Images, FILE

Prosecutors alleged Lyle and Erik Menendez killed their wealthy parents for financial gain, while the defense argued the brothers acted in self-defense after enduring years of sexual abuse by their father.

The brothers' first trials ended in mistrials. In 1996, at the end of a second trial -- in which the judge barred much of the sex abuse evidence -- Lyle and Erik Menendez were convicted of first-degree murder and sentenced to two consecutive life prison terms without the possibility of parole.

Now, the brothers have two tracks to potential freedom.

One track depends on DA Gascón asking for resentencing, based on factors including rehabilitation.

Erik Menendez and his brother Lyle Menendez in Los Angeles during their trial on March 9, 1994.
Ted Soqui/Sygma via Getty Images, FILE

The other track is new evidence Gascón's office is evaluating: allegations from a member of the boy band Menudo who said he was molested by Jose Menendez, and a letter Erik Menendez wrote to a cousin eight months before the murders detailing his alleged abuse.

Erik Menendez's cousin testified about the alleged abuse at trial, but Erik Menendez's letter -- which would have corroborated the cousin's testimony -- wasn't unearthed until several years ago, according to the brothers' attorney, Mark Geragos.

"Given the totality of the circumstances, I don't think that they deserve to be in prison until they die," Gascón told ABC News.

Gascón said he plans to make his resentencing decision this month. If Gascón recommends resentencing, his recommendation will go to a judge to decide whether the brothers will be released, receive a lesser sentence or get a new trial.

Brian Andersen Jr., nephew of Kitty Menendez, said at the news conference that his cousins "are not the villains they've been portrayed as."

The brothers have "shown they are more than their past," he said. "They are survivors and deserve a chance to rebuild their lives. They're no longer a threat to society."

"If they were to come to my house, knock on my door, I would answer that door, I would welcome them in with huge hugs, my wife would make them a dinner and I'd give them a pillow and a place to sleep," Andersen said.

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