35 years after the murder of their parents, José and Kitty Menendez, and 28 after being sentenced to life in prison without the possibility of parole, the Menendez Brothers, Lyle and Erick, are getting renewed attention.
At the time of the murders and subsequent two trials in Los Angeles, the brothers' infamy was exacerbated as their case became essentially the founding instance of the national phenomenon that would become court TV, which later skyrocketed thanks to the subsequent murder trial against O.J. Simpson.
However, the attention they are receiving almost four decades later is far different than the largely unsympathetic reception they had back then, as thousands, including figures such as Kim Kardashian and Rose O'Donnell, call for their release.
It is in large part thanks to the recently released Ryan Murphy show Monsters: The Lyle and Erik Menendez Story, which though the brothers have spoken out against it, it did make way for people to finally recognize the awful sexual abuse they suffered at the hands of their father, which they always claimed was the motive behind the murders.
Now, 34 years into their time in prison — more than they have ever lived as free men — there is both increased support and hope for a resentencing, and a possible release. Here's what we know.
© GettyCan the Menendez Brothers be released?
With calls for a possible release, or at least a resentencing, at an all time high, on October 3, Los Angeles County District Attorney George Gascón, who is in the middle of his reelection campaign, announced that his office was considering new evidence, as the brothers' sexual abuse claims have become more substantiated and validated.
When the brothers' first trial, which had two separate juries for each of them, ended in a mistrial, their second trial moved forward without the inclusion of much of the evidence of their father's sexual assault. "We are reviewing the information, but I think it's also important that we recognize that both men and women can be the victims of sexual assault," the DA has since stated.
© Donaldson CollectionIn May of last year, the brothers filed a habeas corpus claim — a court order asking to determine whether their imprisonment was lawful — citing more evidence of the sexual abuse at the hands of their father: a letter Eric wrote to a cousin detailing the abuse a year before the murders, as well as the allegations of Menudo singer Roy Rosselló that José also raped him.
A hearing is set for November 26, which could eventually lead to a retrial or resentencing.
© Los Angeles TimesWhat do their lawyers say?
Though Erik's lawyer Leslie Abramson, who was prominently featured in Monsters, has remained tight-lipped about her former client — during a recent rare outing, she said: "I make no comments about my clients. None whatsoever. Attorney-client privilege never dies," — their current representation has given some comments on where their case stands.
"We're saying the second trial did not comport with constitutional protections for a variety of reasons," their post-conviction attorney Mark Geragos told People.
Speaking about the habeas corpus, which centers on the new evidence, he explained: "The judge can deny it, the judge can order the DA to respond, or the judge can do what he did, which was issue an order for the DA to informally respond, which they have taken very seriously over the last 15 months because we've presented evidence to them."
© GettyThe brothers break their silence
Though Lyke and Erik rejected the Netflix series, they did participate in anoter Netflix documentary that was released two weeks later. In it, Erik maintained: "What happened that night, it is very well known. Over 30 years, I've processed so much of it," and noted: "[I] still have my heart beating talking about it. Still have nightmares."
Still, his brother shared: "Even with decades separated, we just felt bonded, almost like twins, we aren't twins, but we felt like it. This happened because of family secrets and things from our past," adding: "It's been 34 years of incarceration, and for the first time, I feel like it's a conversation where people now can understand, and believe."
