Relatives of Erik and Lyle Menendez made pleas for their release from prison during an Oct. 16 press conference at the Clara Shortridge Foltz Justice Center in Los Angeles. The brothers are currently serving
life sentences for the 1989 murder of their parents Mary Louise (“Kitty”) and Jose Menendez at the family home on Elm Drive in Beverly Hills. Earlier this month, Los Angeles County District Attorney George Gascón announced that his office is reviewing the case to determine if a new trial or resentencing is in order. Gascón said he is “not leaning in any direction right now” and is “keeping an open mind.”
The brothers have admitted to the killings, but contend they were victims of repeated sexual assaults by their father and lived in fear for their lives. They were tried twice, with jurors in the first trial unable to reach verdicts, deadlocking between first-degree murder and lesser charges including manslaughter. The second trial, which began in October 1995 and lacked much of the testimony centered on allegations of sexual abuse, ended with first-degree murder and conspiracy convictions of both brothers. The two have repeatedly appealed their convictions unsuccessfully.
In court papers filed last year, attorneys for the brothers pointed to two new pieces of evidence they claim corroborate the abuse allegations. The evidence consists of a letter written by Erik Menendez to one of his cousins in early 1989, eight months before the August 1989 killings. The other evidence consists of allegations by a former member of the Puerto Rican boy band Menudo that he was sexually abused by Jose Menendez, a music company executive, as a teenager. The prosecution’s response to those papers is due by Nov. 26.
Around 30 Menendez family members attended the Oct. 16 conference. Kitty Menendez’s sister, Joan Andersen VanderMolen, said she struggled for many years to come to “terms with what happened in my sister’s family.’’
“It was a nightmare none of us could have imagined, but as details of Lyle and Erik’s abuse came to light, it became clear that their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable [cruelty] of their father,’’ VanderMolen said.
She added, “As their aunt, I had no idea of the extent of the abuse they suffered at the hands of my brother-in-law. None of us did …They were just children—children who could have been protected and were instead brutalized in the most horrific ways. The truth is Lyle and Erik were failed by the very people who should have protected them—by their parents, by the system, by society at large. When they stood trial, the whole world was … not ready to believe boys could be raped or that young men could be victims of sexual violence. Today we know better.’’
Additional relatives spoke of the brothers as desperate and fearful victims of repeated sexual abuse by their father. Brian Anderson Jr., a cousin to Erik and Lyle, said “as details of Erik and Lyle’s abuse came to light it became clear that their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable cruelty of their father.”
Anamaria Baralt, a niece of Jose Menendez, said that the gathering reflected “both sides of the family, united, sharing a new bond of hope. Hope that with the reexamination of the case a new outcome will be reached. Hope that this 34-year nightmare will end, and we will be reunited as a family.”
At least one member of the family publicly disagrees with the sentiment shared by those at the press conference. Kitty Menendez’s brother, Milton Anderson, said via an attorney that he was “opposed to any resentencing.”
Mark Geragos, the attorney for the brothers, said at the conference that both of them have been model prisoners. He said that Lyle earned a bachelor’s degree as part of the first graduating class of a partnership between University of California Irvine and the Department of Corrections.
After the press conference, members of the family met across the street with the resentencing unit of the District Attorney’s office. Shortly after that, the District Attorney’s office released a statement saying, “While we cannot formally comment on any decisions at this time, please know that our office is dedicated to a thorough and fair process and is exploring every avenue available to our office to ensure justice is served.”
In an interview with NBC News, Gascón said he hopes to make a decision on resentencing by Oct. 26.
With City News Service
