Everything That’s Happened to the Menendez Brothers Since Monsters

As a criminal justice advocate with years of experience working within the system, I find the developments in the Menendez brothers’ case particularly intriguing. Having seen the transformation that incarceration can bring about in individuals, I believe it is essential for our justice system to consider rehabilitation when making decisions about prisoners’ futures.


When Ryan Murphy’s series titled “Monsters: The Lyle and Erik Menendez Story” premiered on Netflix in September, it rekindled discussions about the brothers’ murder case, leading to calls for a reevaluation and even their potential release from prison following over three decades of imprisonment. Moreover, the concurrent launch of Netflix’s documentary titled “The Menendez Brothers” in early October fueled an increased public interest. Interestingly, the narrative has shifted towards examining the circumstances surrounding these killings, particularly whether the brothers were hindered from presenting a full defense due to restrictions imposed by a judge on evidence related to familial sexual abuse during their second trial. Notably, high-profile figures like Kim Kardashian and Rosie O’Donnell are among those supporting the Menendez brothers.

Apart from the brothers themselves, numerous relatives – even their mother’s sister – are supporting them, recalling the mistreatment they endured. Los Angeles authorities are examining the case at present, and a hearing on November 29 has been set to debate possible retrial or reevaluation of their verdict given fresh evidence, such as additional claims of sexual abuse against their father. Some legal experts believe that the Menendez brothers might indeed secure their freedom, with seasoned lawyer Tre Lovell suggesting a significant possibility that “the Menendez brothers could be granted release.

Let’s go back: What did the Menendez brothers do?

Back in 1996, the Menendez brothers were found guilty of premeditated murder, having taken the lives of their parents, José and Kitty Menendez, in their Beverly Hills residence seven years earlier. Their journey to conviction was not a simple one. Lyle, who had called 911 saying, “Someone killed my parents,” was apprehended in March 1990, following the brothers’ confession to their therapist about the murder, as reported by CNN. After Lyle’s arrest, Erik surrendered several days later, also facing charges of first-degree murder. The initial trial took place in 1993, with each brother having a separate jury, in a highly publicized court case that was broadcast live on Court TV. The prosecution maintained they murdered their parents for financial gain, while their defense lawyers admitted to the killings but argued it was in self-defense, as their father had allegedly abused them sexually for years.

In their initial trial, the juries failed to agree on a single verdict. The brothers faced a second trial in October 1995, with a joint jury for both of them. Much of the defense’s evidence concerning sexual abuse was ruled inadmissible in court, as reported by CNN. Both brothers were found guilty of first-degree murder in March 1996. A judge handed down life imprisonment without the possibility of parole to the brothers in July of that year. The brothers have attempted to overturn their convictions through various appeals, but these efforts have been unsuccessful with both the California Courts of Appeal and Supreme Court upholding their convictions in 1998 and 1999, as pointed out by Variety. Their attempts at a federal court appeal were also not successful.

Why are people reevaluating the case right now?

The emergence of monstrous figures in the public eye has once again shone a spotlight on the Menendez brothers’ case, but interest in it was reignited earlier in May 2023 when a well-known musician leveled sexual abuse allegations against José. Former Menudo band member Roy Rosselló alleged that José, who had been a record executive, sexually assaulted him. These claims were further substantiated in the three-part Peacock docuseries titled “Menendez + Menudo: Boys Betrayed” according to Variety. The brothers’ lawyers subsequently submitted a court petition seeking to overturn their convictions and life sentences, referencing Rosselló’s accusation as evidence supporting their claim that their father was an abuser.

In addition, they pointed out that eight months prior to the tragedies, Erik had penned a letter to his cousin, expressing concerns about his father’s harmful actions. As CNN detailed, this December 1998 correspondence read, “It’s still happening Andy, but it’s worse for me now.” The letter continued, “He’s so overweight that I can’t stand to see him. I never know when it will 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, especially Lyle. Am I a serious coward? I don’t know if I’ll make it through this. I can handle it, Andy. I need to stop thinking about it.” José’s younger sister is said to have discovered the letter six years ago and shared it with journalist Robert Rand. Rand then presented this letter to Erik’s former attorney during an appeal. This letter was not presented during either of the brothers’ trials, according to CNN.

What has the family said about Monsters?

In simpler terms, Erik strongly dislikes the way Lyle is depicted in Ryan Murphy’s show, believing that the portrayal is based on harmful lies. He feels that these inaccuracies were intentional and not a result of naivety or ignorance about their real lives. On Lyle’s Facebook page, he expressed his disappointment by stating that the show shapes its negative narrative through offensive characterizations of both Lyle and himself, and through defamatory statements.

How has the Monsters’ cast reacted to criticism?

Javier Bardem, Nathan Lane, and Cooper Koch addressed Erik’s remarks about the Netflix miniseries. Lane, who plays Dominick Dunne, explained that it’s reasonable to doubt someone who criticizes without seeing the series first. He suggested that viewers should watch it before making further comments. Bardem, as José, acknowledged concerns over dramatizing deep personal tragedies. Koch, playing Erik, admitted that his response stirred emotions but believed his research for the role was correct. He empathized with Erik’s struggle of having his difficult life broadcasted to many and stood by him in support.

As a passionate movie enthusiast, I, Murphy, couldn’t help but express a sharper sentiment regarding this situation. When I spoke with The Hollywood Reporter, I made it clear that we owed a debt of gratitude to more than just Erik and Lyle. But what intrigues me most is their sudden shift to the victim role – “poor, pitiful us.” Frankly, I find this behavior abhorrent and distasteful.

What have the brothers’ family said about their case since the show’s release?

At a press conference on October 16th, over a dozen relatives of the Menendez brothers called for their release from prison. Speaking to ABC7 Eyewitness News, Joan Andersen VanderMolen, Kitty’s sister, expressed her shock and disbelief about the extent of the abuse the brothers endured at the hands of her brother-in-law. She acknowledged that victims of trauma often act in ways that can be hard to comprehend due to the long-lasting effects of abuse. During their trial, VanderMolen stated that the world was not yet ready to accept the idea that boys could be raped, but today we understand that this is indeed possible.

According to Brian Andersen Jr., Kitty’s nephew, they defended themselves as best they could given their circumstances. However, instead of being viewed as victims, they were criticized… now, they pose no danger to society. Anamaria Baralt, one of José’s nieces, shares a similar perspective. If Lyle and Erik’s case were judged today, with our current knowledge about abuse and PTSD, I am convinced their punishment would have been significantly different.

What have authorities said?

During a press conference held on October 3, Los Angeles District Attorney George Gascon announced that his office is evaluating past convictions to determine if they should be resentenced or potentially even dismissed, as reported by NBC News. Gascon stated that his team is also reviewing potential new evidence presented by the brothers, which they claim supports their accusations of their father’s abusive behavior. Gascon explained that prosecutors might release prisoners who have shown signs of rehabilitation by assessing their conduct during imprisonment, stating that such individuals could be freed based on the court’s decision. Gascon further mentioned that the ongoing review of the case is not yet complete, and its final direction remains uncertain until further investigation.

After the family’s press conference, Gascon issued a statement, saying, “We have listened to the emotional appeals from the Menendez family for a reevaluation of this case. At present, I can’t disclose any decisions, but understand that my office is steadfast in pursuing a comprehensive and impartial procedure, and we are actively investigating all possible options to uphold justice.” Representatives from his team met with the brothers’ relatives to address their worries. The statement further clarified, “We are still gathering all necessary evidence regarding the defense’s allegations. Our office is working diligently within the bounds of justice.” Lastly, Gascon added, “Our understanding of sexual violence has evolved significantly since the Menendez brothers’ initial trial. Today, our office recognizes that sexual violence is a widespread issue affecting people of all genders, and we are resolute in assisting victims as they cope with the long-term effects of such trauma.

How does Kim Kardashian fit into all of this?

Kim Kardashian, an outspoken champion for prison reform, made a visit to the brothers, as initially reported by TMZ in September. In an essay for NBC News on October 3rd, she expressed her belief that they should not be sentenced to life in prison due to their transformation since their teenage years. “I can’t imagine anyone maintaining they are the same person they were at eighteen,” she stated, adding, “I know I’m not!” In her op-ed, Kim Kardashian also discussed the brothers’ case involving sexual abuse. She asserted that, given the media attention and questionable evidentiary rulings, the brothers had no hope of receiving a fair trial.

In the past, resources for victims of male sexual abuse were scarce, with few support systems available. Public understanding of this trauma was limited, often overshadowed by stereotypes and homophobia. It’s hard to believe that the justice system would not have shown more leniency towards the Menendez sisters in such a context.

Can the brothers actually get released?

It remains uncertain if they will be granted release until a decision has been made, but several lawyers believe their prospects are promising. Lovell highlighted fresh evidence corroborating their sexual abuse allegations and commendable behavior during imprisonment, such as mentoring fellow inmates and participating in educational programs. He also mentioned societal changes that prioritize understanding trauma, stating, “The perception of sexual abuse has undergone a significant transformation since the time of their convictions, and it’s likely that the court will take contemporary beliefs into account rather than those from the ’90s.” Furthermore, Gascon’s office, which has advocated for re-sentencing in numerous cases since taking office, may lean more favorably towards the brothers. As a result, Anna Cominsky, associate professor of law and director of the Criminal Defense Clinic at New York Law School, suggests that they might finally have a genuine opportunity for release.

As a dedicated cinephile, I understand that many steps lie ahead before the film hits the screens. For instance, consider this: “That trimmed-down, succinct script will eventually pave the way for its premiere.” She clarified, “Although a resentencing alters the sentence length, it doesn’t change the original conviction.

Although Gascon may not suggest resentencing in this case, the brothers still have an ongoing request for their convictions to be overturned, known as a habeas petition. This petition can lead to various outcomes: either the district attorney contests the petition, leading to a legal battle over its merits, or they do not contest it, in which case the court may hold a hearing or dismiss the judgment and sentence. If successful, both their conviction and sentence could be overturned, potentially resulting in a new trial or their release.

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2024-10-22 00:54