Menendez Brothers 'probably getting out,' former federal prosecutor says
LOS ANGELES - Could the Menendez brothers soon go free?
Los Angeles County District Attorney George Gascón has announced that he will make a decision by Friday on whether or not the re-sentencing of the brothers will actually occur.
Erik, 53, and Lyle, 56 are currently serving life sentences without parole for the killings of their parents, José and Kitty Menendez, in 1989.
Former federal prosecutor Stephen Cazares said the "powerful new evidence" under review is likely working in the brothers' favor.
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"If I had to guess. I'd say they're probably getting out," Cazares said Wednesday. "There's a lot of pressure on people, but times like you said, times have changed. People's views of these things have changed."
One piece of evidence was a letter Erik allegedly wrote to his cousin Andy Cano. According to the brothers' attorneys, Cano's mom found the letter nine years ago. Cano testified at trial that Erik had told him about his father's abuse when Erik was 13. Cano died in 2003.
The second piece of evidence being reviewed was a sworn statement from a former member of the Puerto Rican boy band Menudo, who claimed he was abused by José Menendez as a teenager.
"You know, it's interesting. The letter… obviously Eric wrote it. So theoretically, he would have known about it. But it went to Andy. I think the mother was on a Barbara Walters special maybe five, seven years ago when the letter came to light. And it turned out the brother's lawyers weren't aware of the letter. And so that's their argument for why it's new. And then the Roy Rossello evidence, this is you know, obviously, if he was abused, it's difficult to come forward with those sort of things. He now has. And the brothers didn't have access to his statements as well," Cazares said.
Interest in the case has recently been renewed by the release of Netflix's "Monsters: The Lyle and Erik Menendez Story," and an upcoming documentary, in which the brothers will tell their side of the story.
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"[Their case] is very popular. The public is really attached to the story, the life of the story, but it's also in LA it's an election year. We have a DA who's being challenged. The DA's been criticized a little bit for some of his justice reform policies, and he's being challenged by someone who I actually know very personally who's challenging him on some of those issues. And, you know, there's a little bit of pressure on the DA to make a statement about this stuff just in the weeks after the special came out. And he has made some statements already in public, where he's suggested maybe the brothers shouldn't be in jail for the rest of their lives," Cazares said.
Cazares noted that the Netflix special could have pushed Gascón to move the case forward more quickly than originally anticipated.
"Only after the Netflix specials came out did the DA make comments and all of a sudden… kind of the momentum pushing it forward started," he said.
"Our public officials, our DA, even our judges and state courts, they're elected. So they do feel pressure. That's the way the system is built, unlike the federal system… it's a different system. So they're kind of responding to that. And again, because the DA. in Los Angeles has been criticized a little bit for his justice reform issues, you know, which way will he go on this? Who knows? I think he just said a day or two ago that he's going to give us an answer on his office's response in the next day or two," Cazares added.
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The Menendez brothers have appealed their convictions multiple times over the years without success.
Their attorneys argue that because of society’s changing views on sexual abuse, that the brothers may not have been convicted of first-degree murder and sentenced to life without parole today.
"Times were very different. You didn't think that men could be sexually abused or sexually assaulted at that time. Times have changed right now. And that's why we're also taking a look again at this case in a very different lens," Cazares said.
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"There's a lot of pressure on people, but like you said, times have changed. People's views of these things have changed."
It's the same sentiment echoed during a press conference last week held by relatives of the Menendez brothers who are pushing for their release from prison.
Joan Andersen VanderMolen, sister of Kitty Menendez, called the pair's actions "tragic," but the "desperate response of two boys trying to survive the unspeakable cruelty of their father."
"I had no idea the extent of the abuse they suffered at the hands of my brother-in-law. None of us did," she added. "We know that abuse has long effects, and victims of trauma sometimes act in ways that are very difficult to understand."
"For us this is not a political issue, this is about truth, justice, and healing," said Anamaria Baralt, cousin of Erik and Lyle.
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"If Lyle and Erik’s case were heard today, with the understanding we now have about abuse and PTSD, there is no doubt in my mind that their sentencing would have been very different," she said.
She went on to call the brothers "victims of a culture not ready to listen," asking the DA's office to help end "this 34-year-nightmare" and to "take into account the full picture."
"Lyle and Erik deserve a chance to heal, and our family deserves a chance to heal with them."
During a press conference announcing his office was reevaluating the case, Gascón said the brothers had a scheduled hearing on Nov. 29. Their family said they hope to have Erik and Lyle home by Thanksgiving.
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With Gascón's looming announcement Friday, they could be home well before that.