A Letter Written by Erik Menendez to a Cousin Could Be the Evidence Needed to Free the Brothers

Erik and Lyle Menendez have been behind bars since their arrest in March 1990. On a quiet night in August 1989, Erik and Lyle shot their parents while they were watching television in their Beverly Hills mansion.

The brothers initially told police they found their parents' bodies, then suggested this might have been a mafia hit due to their father's unsavory dealings. It was only after they were arrested that two motives presented themselves.

The state believed they murdered their parents for financial gain while the prosecution shared a harrowing story of alleged sexual abuse perpetrated by the family's patriarch: Jose Menendez.

Their first trial ended in two deadlocked juries. The second trial was significantly pared down, with much of the testimony about the alleged abuse not allowed.

Since their conviction, a letter written by Erik Menendez to a cousin could be the evidence needed to get them out of prison. Here's what we know.

Robert Rand covered the Menendez brothers' trials for the Miami Herald, then went on to write a book titled, "The Menendez Murders." It's safe to say he's one of their biggest advocates and is definitely an expert when it comes to their story. He told NBC 4 Los Angeles that in 2018, Jose's sister Marta Cano reached out to him regarding some of her son's belongings. He passed away in 2003 and she thought there might be something of interest to Rand.

There certainly was.

He found a letter in one of Andy's dressers that had been written from Erik to his cousin in December 1988, eight months before the murders, per CBS News.

In it, Erik talks about trying to avoid his father. "It's still happening Andy, but it's worse for me now," he wrote. "I never know when it's going to happen, and it drives me crazy."

Erik goes on to say that every night he stays awake, wondering when Jose is going to come in [his room]. Before changing the subject, Erik says he "can't handle it."

This letter, along with other evidence, was used to file a habeas corpus. The District Attorney of Los Angeles is investigating this and has yet to decide what will happen next.

One of three things could happen. The Menendez brothers will get credit for time served and can walk free. They might be resentenced, which could also result in getting out of prison. The third option is of course a retrial. Now, they wait.

According to the Los Angeles Times, Andy testified during the brothers' first trial in October 1993. He testified that Erik once told him Jose gave him "genital massages." Andy said this came three or four times in separate conversations. Erik brought it up because he wanted to know if this was "normal."

Erik also allegedly told Andy that the massages were beginning to hurt, and he wanted them to stop. When asked why he never told anyone about this, Andy said Erik made him promise not to.

"I’m not lying for him now and I would not lie for anybody under oath," said Andy.