Shocking new evidence has emerged that could dramatically impact the case of Erik and Lyle Menendez, even after 35 years.
The Menendez brothers are serving life sentences for the 1989 murders of their parents, Jose and Kitty, in their California mansion.
Lyle, who was then 21, and Erik, then 18, admitted they shot-gunned their entertainment executive father and their mother, but said they feared their parents were about to kill them to prevent the disclosure of the father’s long-term sexual molestation of Erik.
The duo shot their father five times, including once at point-blank range with a shotgun aimed at the back of his head. As their mother attempted to crawl away, Lyle shot her in the face with a shotgun. In total, she was shot nine times.
Prosecutors argued there was no evidence of molestation because the judge excluded abuse evidence from the second trial in 1995. They claimed the sons were motivated by a desire to inherit their parents’ multimillion-dollar estate, which the brothers have claimed was not the case.
Jurors rejected a death sentence in favor of life without parole.
Erik Menendez’s Letter to Cousin Reveals Hidden Trauma
New evidence has emerged through a habeas corpus petition, which could potentially result in new sentencing for the Menendez brothers.
A habeas corpus petition is a legal action through which a person can challenge the legality of their detention or imprisonment.
It is a fundamental right, allowing an individual to seek relief from unlawful imprisonment by arguing their detention violates their constitutional rights. The petition is typically filed with a court to review whether the person’s detention is lawful and whether they are being held in accordance with legal standards.
Investigative journalist and author Robert Rand uncovered this groundbreaking evidence, which could significantly alter the case and offer the brothers a new chance for justice.
Rand told Newsweek he began covering the Menendez brothers’ case for the Miami Herald 35 years ago, the day after the murders of Jose and Kitty. He has dedicated the majority of his career to reporting on the Menendez brothers, immersing himself in their case.
Rand published his book, The Menendez Murders: The Shocking Untold Story of the Menendez Family and the Killings that Stunned the Nation, in 2018.
The closing chapter of Rand’s book features a revealing letter from Erik to his late cousin, Andy Cano. During his final interviews with Marta Cano, she said her son, Andy had a dresser full of papers if he wanted to review them.
“Within 15 minutes, I found this letter and I was like ‘Oh my God, this is potentially major evidence that could have a serious impact on the case.’ I literally hand carried the letter out to Cliff Gardner [one of the brothers’ appellate attorneys] in California.”
Andy Cano, who testified in both of the brothers’ trials, tragically died from an accidental overdose involving sleeping pills in 2003. Having built a strong rapport with the family and uncovering critical insights into their story, Rand was invited to meet with Marta Cano at her home in West Palm Beach where he struck gold.
In the letter, written nine months before the gruesome murders, 17-year-old Erik confided in his 15-year-old cousin about the ongoing sexual abuse by his father.
Rand shared an excerpt of the letter:
“I’ve been trying to avoid dad. It’s still happening Andy but its worse for me now. I can’t explain it. He so overweight that I cant stand to see him. 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. I need to put it out of my mind. I know what you said before but I’m afraid. You just don’t know dad like I do. He’s crazy! He’s warned me a hundred times about telling anyone.”
The letter never appeared at either trial or in any evidence hearing during the 1990s.
Rand said Andy Cano was traumatized by testifying in both trials and by the burden of keeping Erik’s molestation a secret—a secret Erik had confided in him when Cano was 10 and Erik was 12. Although Cano wanted to tell his mother, Erik made him swear, through a pinky promise, never to speak to anyone about the abuse.
“The letter is one piece of new evidence I have uncovered in recent years that could lead to a new appeal for the brothers,” Rand said. “The best outcome of that appeal would be that the Menendez brothers could be granted a new trial.”
What Could the Letter Mean for the Menendez Brothers?
While it remains uncertain whether the Menendez brothers will be granted a new trial, The brothers’ other appellate attorney, Mark Geragos, suggests there may be a possibility of resentencing.
“In my mind, it [the evidence] clearly is enough,” Geragos said. “I think they should be resentenced.”
A retrial occurs when a case is tried again in court due to issues with the original trial, such as procedural errors, new evidence or legal challenges. The entire case is presented anew, with both sides presenting their evidence and arguments, and a new verdict is reached.
Resentencing happens when a court revisits and changes the sentence imposed on a defendant after a conviction, often due to new information, legal errors or changes in the law. The conviction remains intact, but the court modifies the original sentence.
The District Attorney has not yet answered the replies the Superior Court Judge George Ryan sent over.
“The judge issued an order requesting a response to the production of new evidence,” Geragos said. “The DA is conducting a thorough review and has been granted until September to respond to our new evidence.”
Both appellate attorneys are very hopeful there could be a favorable ruling into their habeas corpus petition.
Rand, who speaks to the brothers regularly, said, “Erik and Lyle told me face-to-face that they are very hopeful, and I am very hopeful that they will succeed with their habeas petition.”
The DA’s office can request a 90-day extension if they find sufficient grounds in September.
Newsweek reached out to the Los Angeles District Attorney’s Office, however, they have not yet responded.
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