Menendez brothers: Family hopes good behavior, prison record will lead to release

LOS ANGELES - The family of Erik and Lyle Menendez held a press conference Thursday afternoon after recent comments made by both Gov. Gavin Newsom and LA County District Attorney Nathan Hochman regarding the brothers' ongoing case. 

What we know:

On Wednesday, Newsom directed the state parole board to conduct a "risk assessment investigation" on Erik and Lyle. Newsom described the probe as a common procedure carried out by the state, but he had previously indicated he would defer any decision on the Menendez brothers' case to local courts and prosecutors. 

DA Hochman announced last week that his office will oppose the brothers' request for a new trial -- questioning the admissibility and relevance of "new evidence" defense attorneys have produced in support of their claim the siblings were sexually abused by their father. 

Family speaks 

What they're saying:

The news conference was organized by Anamaria Baralt and Tamara Goodell, cousins of Erik and Lyle.

During Thursday's press conference, Baralt said Newsom’s actions on Wednesday were a positive step forward to their release and are grateful for his attention to the case.  

"We have seen their rehabilitation over the last few decades with no hope of release until now. Erik and Lyle have changed countless lives since their conviction in 1996. Inmates have seen it, correction officers have seen it, and now we need the entire criminal justice system to see it," Anamaria Baralt said. 

She said she and the family are confident that the parole board will not see them as a threat.

She explained that the criteria the board will examine are remorse, social history, plans for the future, institutional behavior, age, and lack of criminal history.  

Rehabilitation Programs 

"It's important to stress that Erik and Lyle went into incarceration during their formative years and have, for all intents and purposes, created careers for themselves while they have been incarcerated. "And that is incredibly moving for all of us," Tamara Goodell said.

She said Erik created and led several in-prison groups, including the Victim Impact and Empathy Program, Alternatives to Violence Project, Starlight Peace Project, and several others. 

Meanwhile, Lyle was involved with programs like Adverse Childhood Experience and Rehabilitation, Green Space Project, Rehabilitation through Beautification project, the Wire Bulletin, and a youth mentorship program. 

What the family hopes to accomplish 

The family says they are not disputing the crime Erik and Lyle committed in 1989, but they are asking the DA to consider their prison record as a whole, their rehabilitation, the remorse they have expressed and the new evidence in the habeas petition.

"While we are not surprised that the district attorney took the stance that he did with the habeas petition, we were surprised to see it litigated the way that it was with the press. The danger of presenting that 1990's narrative under today's laws and modern understanding of trauma is that it ignores how far we have come in recognizing the long-term effects of abuse and the systemic barriers that keep victims silent. Today, we understand that trauma rewires the brain and shapes a person's actions and decisions in ways that were not fully appreciated decades ago. California law has evolved to reflect this, acknowledging that childhood abuse profoundly impacts behavior and should be a critical factor in the justice system," Baralt explained during the press conference. 

The Justice for Erik and Lyle Coalition criticized Hochman's remarks, describing them as an "abhorrent dismissal of abuse evidence." 

In a statement, relatives said in part, "We have fought tirelessly for the truth to be recognized… we are so incredibly proud of the men Erik and Lyle have become – men who have dedicated their lives to helping others, despite believing they would never have a second chance."

The backstory:

Erik and Lyle are serving life sentences for the 1989 killing of their parents, Jose and Kitty Menendez, inside their Beverly Hills house. 

The brothers went on trial twice. Their 1993 trial ended in a mistrial after multiple hung juries, and their following trial in 1995 ended with them both being convicted of first-degree murder. The judge sentenced them to life in prison without the possibility of parole.

In recent years, their attorneys have filed a habeas petition seeking a reexamination of the case, citing new evidence of alleged sexual abuse by their father.

The other side:

On Wednesday, Gov. Newsom directed the state parole board to conduct a "risk assessment investigation." Newsom described the probe as a common procedure carried out by the state, but he had previously indicated he would defer any decision on the Menendez brothers' case to local courts and prosecutors. 

Newsom said the findings will be shared with the Los Angeles Superior Court judge presiding over the case, as well as with the district attorney and defense attorneys.

Last week, Los Angeles County District Attorney Nathan Hochman asked the court to reject the Menendez brothers' newest petition for a new trial in their murder case, citing issues with the alleged new evidence in the case.

Hochman said his decision came from issues with those two new pieces of evidence, particularly an alleged 1989 letter Erik sent to his cousin Andy Cano, complaining about being sexually abused by his father.

Baralt said Andy was only 14 or 15 when he received the letter and, as a teenage boy, did not realize he was sitting on critical evidence. 

"He didn't realize how vital that letter would be to the case. Second, he indicated that Roy  Rosselló's testimony doesn't meet the heaviest standards because he didn't come forward sooner. The whole point of the habeas petition is to include new evidence, and Roy coming out to share his story in his own time is new evidence. Again, how many victims have stayed silent because of the systems that are designed to silence and dismiss them," Baralt added.

Dig deeper:

Hochman has not yet taken a stance on their motion for re-sentencing. Defense attorneys are asking to have their sentence reduced in a way that would either make them eligible for parole consideration or for release on time already served.

Newsom could also rule on the brothers' request for clemency or commutation of their sentences at any time.

Hochman argued that though the letter wasn't presented at either trial, "If Erik Menendez wrote this letter, he had it or knew about it, or Andy Cano had it and certainly knew about it by the time of the 1993 trials." Hochman called it "inconceivable" that evidence that the two had communicated about the alleged sexual abuse wouldn't come out in either trial. 

Hochman also questioned why the brothers' petition for a new trial wasn't filed until years after this letter was allegedly discovered. The delay violates the requirements of a valid petition, Hochman said.

He also cited difficulties authenticating the letter, and the brothers' changing testimonies about the killings.

"What we found out is that Erik and Lyle Menendez had told five different versions of the events of what had happened," Hochman said.

Ultimately, Hochman concluded that even if the sexual abuse happened, it does not legally justify murder, and the brothers' petition failed to meet the standards to warrant a new trial.

What's next:

As the legal battle continues, the Menendez brothers' family and supporters remain committed to advocating for their release. 

If the court agrees with Hochman, and denies the habeas petition, Hochman said they could appeal the decision, and there would be a hearing.

But, the brothers are also exploring other avenues to get them out of prison sooner. The brothers have petitioned to be resentenced for the murders, changing their sentence from life without the possibility of parole to life with the possibility of parole.

Hochman said Friday that his office would address the resentencing request in the coming weeks.

The brothers have also petitioned Gov. Gavin Newsom for clemency.

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