The LA County prosecutor unveils the proof in the Menendez brothers' trial, contemplating their penalties.
Following their initial high-profile trial ending in a hung jury, a jury found the Menendez siblings responsible for the homicides of their parents, Jose and Kitty, during a subsequent trial in 1996. Though they never contested the killings, the brothers maintained they acted in self-defense and had been victims of their father's persistent sexual abuse throughout their lives. During the second trial, the jury was largely prohibited from considering the brothers' sexual abuse allegations due to the court's rulings and prosecutors' arguments, according to their legal representatives.
The brothers were both sentenced to serve life terms without the possibility of parole in July 1996.
Over 35 years since the crimes were committed, Los Angeles District Attorney George Gascón posted what is claimed to be a letter corroborating Erik's assertions of his father's sexual abuse on his social media accounts last weekend.
Gascón shared an image of a handwritten, apparently undated letter in a social media post, which appears to have been penned by Erik Menendez and directed at his cousin, Andy. The contents of the letter refer to the abuse.
"I've been avoiding dad. It's still happening, Andy, but it's worse for me now," the letter states. "I never know when it's going to happen, and it's driving me crazy. Every night I stay up thinking he might come in."
The Menendez brothers' attorneys included sections from this same letter in a habeas corpus petition they submitted to the Los Angeles Superior Court in May 2023, making note that CNN was the first to report on the matter, according to the petition.
In this petition, the lawyers argue the letter was authored by Erik Menendez and sent to his cousin, Andy Cano, in December 1988 – a period before the murders of Jose and Kitty. If the letter had been presented as evidence during the 1996 trial, the Menendez attorneys claim, the jury may have reached a different verdict.
CNN reached out to Gascón's office and the legal team representing the Menendez brothers to confirm the authenticity of the social media post.
The Menendez brothers' case has experienced renewed interest in recent months, following the release of a Netflix series, "Monsters: The Lyle and Erik Menendez Story," produced by Ryan Murphy in late April.
Netflix also released a documentary on the Menendez case earlier this month, featuring both brothers discussing the events leading up to the murders.
The Menendez brothers' family will hold a press conference outside the Los Angeles courthouse on Wednesday, alongside their lawyer, Mark Geragos, for a "powerful showing of unity."
Gascón's office has until November 26 to provide a response to the brothers' petition seeking to challenge the legality of their incarceration.
In a news conference earlier this month, Gascón stated his office holds a "moral and ethical obligation" to review the Menendez brothers' case. He is currently campaigning for reelection in November on a platform that emphasizes sentencing reform.
The Menendez brothers mentioned their experiences with their father in a letter sent to their cousin in 1988, as stated in their recent habeas corpus petition. During the trial in 1996, the jury was not allowed to consider these allegations due to court rulings and prosecutors' arguments.
