LOS ANGELES (AP) — Erik and Lyle Menendez will have to wait until next year for a decision on whether they should have the possibility of freedom from prison more than 30 years after killing their parents, a judge said.
The shotgun killings of Jose and Kitty Menendez on Aug. 20, 1989, in their Beverly Hills mansion captured the public’s attention. Prosecutors argued the Menendez brothers killed their parents for financial gain. The brothers’ attorneys never disputed the pair killed their parents, but argued that they acted out of self-defense after years of emotional and sexual abuse by their father.
After an initial mistrial, the brothers were convicted of murder and sentenced to life in prison without the possibility of parole.
Los Angeles County prosecutors recommended the resentencing for the brothers last month, arguing that they had demonstrated good behavior and rehabilitation in prison. They have support from their family, and attorneys have presented new evidence of the sexual abuse the brothers allege they suffered at the hands of their father.
Here are some things to know about the case:
LA County Superior Court Judge Michael Jesic held a hearing to discuss the Menendez brothers’ bid for freedom.
Their lawyers first filed a habeas corpus petition — a request for a court to examine whether someone is being lawfully detained — in May 2023, asking a judge to consider new evidence of their father’s alleged sexual abuse.
After renewed public interest in the case since the recent Netflix drama and documentary released, Los Angeles District Attorney George Gascón asked the judge to give the brothers a new sentence of 50 years to life, which could make them immediately eligible for parole because they were less than 26 years old when they killed their parents.
On Monday, however, Jesic said he could not move forward with the hearing scheduled for Dec. 11 due to the amount of evidence he needed to go through. He postponed the hearing to Jan. 30.
Erik and Lyle Menendez have the support of almost their entire extended family, who gathered to call for their release last month.
The brothers’ two aunts took the stand on Monday in support of their release. Joan Andersen VanderMolen, Kitty Menendez’s sister who turns 93 on Tuesday, and Teresita Baralt, Jose’s older sister who is 85, both said they wanted their nephews to come home. They said they had kept in contact with the brothers while they have been in prison, though they had not seen them in person for years.
Andersen VanderMolen said the abuse Erik and Lyle Menendez had to suffer was “unconscionable.”
Baralt noted that she was close to Jose and lived for years across the street from him and Kitty, who Baralt described as her best friend.
“We miss those who are gone tremendously,” Baralt testified through tears. “But we miss the kids too.”
The judge might consider new evidence that the brothers’ attorneys say corroborate their allegations that they were sexually abused by their father. Much of the evidence and testimony from family members that related to the alleged abuse was excluded during the trial that ultimately convicted them.
The brothers' attorneys said the new evidence includes a letter Erik Menendez wrote in 1988 — the year before the murders — to his uncle Andy Cano, describing the sexual abuse he had endured from his father. The brothers asked their lawyers about it after it was mentioned in a 2015 Barbara Walters television special. The lawyers hadn’t known of the letter and realized it had not been introduced at their trials.
More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward saying Jose Menendez drugged and raped him when Rossello was a teen in the 1980s. Menudo was signed under RCA Records, where Jose Menendez was chief operating officer. Rossello spoke about his abuse in the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” and provided a signed declaration to the brothers’ lawyers.
The judge may also consider the brothers’ prison record.
In a document filed by the district attorney’s office recommending resentencing, prosecutors pointed to the brothers’ educational achievements — both have attained several degrees — and contributions to the community. One is a GreenSpace prison beautification program Lyle Menendez started. Both brothers also received low-risk assessment scores, and the document notes that Lyle had not been in a single fight during his 30 years in prison.
Prosecutors who believe the brothers should not be freed are expected to make their own arguments to the judge.
The brothers’ attorneys have submitted papers requesting clemency from California Gov. Gavin Newsom, who has the power to free them. However, Newsom said last week that he won’t decide until incoming Los Angeles County District Attorney Nathan Hochman, who takes office on Dec. 2, has the opportunity to review the case.
Hochman, a Republican-turned-independent who unseated the progressive Gascón, said the judge’s decision to delay the hearing will give him enough time to “review the extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult with prosecutors, law enforcement, defense counsel and victim family members.”
Media members gather outside the Van Nuys Courthouse West in Los Angeles, Monday, Nov. 25, 2024, where a hearing is scheduled in the case of Lyle and Erik Menendez, who are serving life sentences without the possibility of parole for the shotgun murders of their parents in their Beverly Hills home more than 30 years ago. (AP Photo/Jae C. Hong)
Erik and Lyle Menendez's aunt Joan VanderMolen, center, arrives at a courthouse to attend a hearing in Los Angeles, Monday, Nov. 25, 2024. (AP Photo/Jae C. Hong)
FILE - This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP, File)
FILE - Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in the Municipal Court in the Beverly Hills area of Los Angeles, during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut, File)
FIUGGI, Italy (AP) — The European Union’s top diplomat said Tuesday there were “no excuses” for Israel to refuse to accept a ceasefire with the Lebanese militant group Hezbollah, saying all its security concerns had been addressed in the U.S.-French-brokered deal.
Josep Borrell, the outgoing EU foreign policy chief, called for increased pressure on Israel to blunt extremists in the government who are refusing to accept the deal. Speaking on the sidelines of a Group of Seven meeting in Italy, Borrell warned that if a ceasefire is not implemented, “Lebanon will fall apart."
Israeli officials said Prime Minister Benjamin Netanyahu’s security Cabinet was set to convene Tuesday to discuss a proposed ceasefire. Among the issues that remain is an Israeli demand to reserve the right to act should Hezbollah violate its obligations under the emerging deal.
Borrell said under the proposed agreement, the U.S. would chair a ceasefire implementation committee, with France participating at the request of Lebanon.
“On the proposal agreement brokered by the U.S. and France, Israel has all security concerns (addressed),” Borrell told reporters in Fiuggi, Italy. “There is not an excuse for not implementing a ceasefire. Otherwise, Lebanon will fall apart.”
Following the October 2023 Hamas attacks in Israel, months of back-and-forth fighting between Israel and the Iranian-backed Hezbollah have erupted into a full-blown war in recent months, with Israel killing Hezbollah’s main leaders and sending ground forces into southern Lebanon.
Israeli bombardment has killed more than 3,500 people in Lebanon and wounded more than 15,000, according to the Lebanese Health Ministry. On the Israeli side, about 90 soldiers and nearly 50 civilians have been killed by rockets, drones and missiles in northern Israel and in the fighting on the ground in Lebanon.
The G7 meeting of foreign ministers from the world's leading industrialized nations, the last of the Biden administration, was dominated on Monday by the Mideast wars in Gaza and Lebanon. The G7 ministers were joined by the foreign ministers of the “Arab Quintet”: Saudi Arabia, Jordan, Egypt, Qatar and the United Arab Emirates.
Borrell, whose term ends Dec. 1, said he proposed to the G7 and Arab ministers that the U.N. Security Council take up a resolution specifically demanding humanitarian assistance reach Palestinians in Gaza, saying deliveries there have been completely impeded.
“The two-state solution will come later. Everything will come later. But we are talking about weeks or days,” for desperate Palestinians, he said. “Hunger has been used as an arm against people who are completely abandoned.”
It was a reference to the main accusation leveled by the International Criminal Court in its arrest warrants against Netanyahu and his former defense minister. Israel has angrily denied the charges, calling them antisemitic and a victory for terrorism and said the charges failed to recognize the country’s right to defend itself.
Borrell said the signatories to ICC, including six of the seven G7 members, are obliged under international law to respect and implement the court’s decisions. The U.S. is not a party to the court and has called the arrest warrants “outrageous.”
Host Italy put the ICC warrants on the G7 agenda at the last minute, but there was no consensus on the wording of how the G7 would respond given the position of the U.S., Israel’s closest ally.
Italy, too, has said it respects the court but expressed concern that the warrants were politically motivated and ill-advised given Netanyahu is necessary for any deal to end the conflicts in Gaza and Lebanon.
“Like it or not, the International Criminal Court is a court as powerful as any national court,” Borrell said. “And if the Europeans don’t support International Criminal Court then there would not be any hope for justice.”
By Tuesday, Italian Foreign Minister Antonio Tajani acknowledged Italy's obligations. Italy was one of the first signatories of the ICC and hosted the 1998 Rome conference that gave birth to it.
“We are friends of Israel but I think we need to respect international law,” he said as he waited to greet U.S. Secretary of State Antony Blinken.
While the G7 meeting was dominated Monday by the Mideast conflicts, the attention turned Tuesday to Ukraine. Ukrainian Foreign Minister Andrii Sybiha was on hand and briefed the ministers on Russian attacks on Ukraine's energy infrastructure, Tajani said.
“We want to repeat, visibly, our solidarity from Italy and the G7,” Tajani told the ministers at the start of Tuesday’s session. “Support to Kyiv is a priority.”
The G7 has been at the forefront of providing military and economic support for Ukraine since Russia’s full-scale invasion in February 2022, and G7 members are particularly concerned about how a Trump administration will change the U.S. approach.
Trump has criticized the billions of dollars that the Biden administration has poured into Ukraine and has said he could end the war in 24 hours, comments that appear to suggest he would press Ukraine to surrender territory that Russia now occupies.
Tensions have only heightened since Russia attacked Ukraine last week with an experimental, hypersonic ballistic missile that escalated the nearly 33-month-old war. Russian President Vladimir Putin said the strike was retaliation for Kyiv’s use of U.S. and British longer-range missiles capable of striking deeper into Russian territory.
Blinken, at his final G7 before the Biden administration leaves office, thanked Tajani for the collaboration over the years and said Washington was still standing with its allies.
“Our countries are standing together, along with other partners, to deal with the ongoing Russian aggression against Ukraine," Blinken said. "We’re standing together to deal with some of the challenges posed by China. We’re standing together in looking to bring a sustainable, lasting peace in the Middle East.”
AP visual journalist Paolo Santalucia contributed.
From left, Ukrainian Foreign Minister Andrii Sybiha, U.S. Secretary of State Antony Blinken, French Foreign Minister Jean-Noël Barrot, Canada's Foreign Minister Melanie Joly, Italian Foreign Minister Antonio Tajani, Japanese Foreign Minister Takeshi Iwaya, German Foreign Minister Annalena Baerbock, Britain's Foreign Office Political Director Christian Turner, and European Union foreign policy chief Josep Borrell pose for a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
From left, Ukrainian Foreign Minister Andrii Sybiha, U.S. Secretary of State Antony Blinken, French Foreign Minister Jean-Noël Barrot, Canada's Foreign Minister Melanie Joly, Italian Foreign Minister Antonio Tajani, and Japanese Foreign Minister Takeshi Iwaya prepare for a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
From left, Ukrainian Foreign Minister Andrii Sybiha, U.S. Secretary of State Antony Blinken, French Foreign Minister Jean-Noël Barrot, Canada's Foreign Minister Melanie Joly, Italian Foreign Minister Antonio Tajani, Japanese Foreign Minister Takeshi Iwaya, German Foreign Minister Annalena Baerbock, Britain's Foreign Office Political Director Christian Turner, and European Union foreign policy chief Josep Borrell pose for a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
From left, Ukrainian Foreign Minister Andrii Sybiha, Canada's Foreign Minister Melanie Joly, Italian Foreign Minister Antonio Tajani, and Britain's Foreign Office Political Director Christian Turner arrive for a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
From left, Ukrainian Foreign Minister Andrii Sybiha, U.S. Secretary of State Antony Blinken, French Foreign Minister Jean-Noël Barrot, Canada's Foreign Minister Melanie Joly, Italian Foreign Minister Antonio Tajani, Japanese Foreign Minister Takeshi Iwaya, German Foreign Minister Annalena Baerbock, Britain's Foreign Office Political Director Christian Turner, and European Union foreign policy chief Josep Borrell pose for a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
Italian Foreign Minister Antonio Tajani, left, welcomes Ukrainian Foreign Minister Andrii Sybiha for a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
Italian Foreign Minister Antonio Tajani, left, welcomes Ukrainian Foreign Minister Andrii Sybiha for a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
European Union foreign policy chief Josep Borrell, front, arrives to pose for a family photo with, from left, Ukrainian Foreign Minister Andrii Sybiha, U.S. Secretary of State Antony Blinken, French Foreign Minister Jean-Noël Barrot, Canada's Foreign Minister Melanie Joly, Italian Foreign Minister Antonio Tajani, Japanese Foreign Minister Takeshi Iwaya, German Foreign Minister Annalena Baerbock, Britain's Foreign Office Political Director Christian Turner at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
Japanese Foreign Minister Takeshi Iwaya, left, talks to European Union foreign policy chief Josep Borrell after a family photo at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Tuesday, Nov. 26, 2024. (AP Photo/Alessandra Tarantino, Pool)
A view of the Palacongressi where Foreign Ministers of the G7 and from different Arab countries met at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Monday, Nov. 25, 2024. (AP Photo/Alessandra Tarantino)
From left : US Secretary of State Antony Blinken, Egypt's Foreign Minister Badr Abdelatty and Foreign Minister of Saudi Arabia Faisal bin Farhan Al-Saud attend a working session at the G7 Foreign Ministers meeting in Fiuggi, Italy, Monday, Nov. 25, 2024. (Andreas Solaro/Pool Photo via AP)
From left : US Secretary of State Antony Blinken, Egypt's Foreign Minister Badr Abdelatty, Foreign Minister of Saudi Arabia Faisal bin Farhan Al-Saud and UAE Minister of State for International Cooperation Reem al-Hashimy pose for a picture during a working session at the G7 Foreign Ministers meeting in Fiuggi, Italy, Monday, Nov. 25, 2024. (Andreas Solaro/Pool Photo via AP)
Front row from left, U.S. Secretary of State Antony Blinken , French Foreign Minister Jean-Noël Barrot, Canada's Foreign Minister Melanie Joly, Italian Foreign Minister Antonio Tajani, Japanese Foreign Minister Takeshi Iwaya, German Foreign Minister Annalena Baerbock, Britain's Foreign Secretary David Lammy, and European Union foreign policy chief Josep Borrell pose for a family photo with, second row from left, foreign Ministers of Quatar, Mohammed Abdulaziz Al-Khulaifi, Egypt, Badr Ahmed Mohamed Abdelatty, Saudi Arabia, Faisal Farhan Al Saud, Jordan, Ayman Safadi, United Arab Emirates, Reem Ebrahim Al Hashimy, and Secretary-General of the Arab League, Ahmed Aboul-Gheit at the G7 of foreign Ministers in Fiuggi, some 70 kilometers south-east of Rome, Monday, Nov. 25, 2024. (AP Photo/Alessandra Tarantino)
