The Los Angeles County D.A.'s Office Says a Retrial for the Menendez Brothers Is Possible
"We have a moral and ethical obligation to review what is being presented to us."
Published Oct. 4 2024, 9:20 a.m. ET
Ryan Murphy's polarizing series about the Menendez brothers has pushed their case into the public eye in a way that it hasn't been since Erik and Lyle Menendez were arrested in March 1990. The brothers murdered their parents in August 1989 and were eventually convicted of first-degree murder in 1996. Since then their story has been told in all manner of mediums, with one man leading the charge.
Journalist Robert Rand covered the trial for the Miami Herald and subsequently wrote the definitive book about their crimes. Titled The Menendez Murders, it was originally released in September 2018. Since then, Rand discovered shocking evidence that he included in an updated edition of the book released in 2024. This evidence was used to file a habeas corpus that could lead to a retrial. In October 2024, the LA County District Attorney's Office held a press conference explaining the next steps.
Are the Menendez brothers getting a retrial? It's one possibility.
The press conference was led by Los Angeles County District Attorney George Gascón, who began by clarifying what the brothers have requested. One is the habeas, which is when someone convicted of a crime asks for a review of their case based on new evidence that could have changed the outcome of the original trial had it been available at that time.
The other is resentencing, in which a request for a review of one's sentencing is made. A prosecutor can evaluate if a person has been rehabilitated, then ask the court if they can be resentenced. The convicted individual or individuals can either walk free, have their sentence reduced, or they will get a new trial. According to Gascón, both the habeas and resentencing requests are under review.
The Los Angeles County District Attorney's Office is not ready to say whether or not they believe the new evidence presented before them. One is a letter found by Rand that was allegedly written by Erik to his cousin months before the murders, in which he references being sexually abused by his father.
The other is a member of the boy band Menudo who has since come forward with sexual abuse allegations against Jose Menendez. "We have a moral and ethical obligation to review what is being presented to us," said Gascón.
A hearing on this matter has been scheduled for Nov. 29, 2024.
