Family Members Call for Release of Lyle and Erik Menendez

A group of family members supporting Erik and Lyle Menendez called Wednesday for the brothers to be released from state prison, where they are serving life terms without the possibility of parole for gunning down their parents in their Beverly Hills mansion in 1989.

Erik Menendez, now 53, and Lyle Menendez, now 56, remain imprisoned at Richard J. Donovan Correctional Facility in San Diego for the killings of Jose and Mary Louise “Kitty” Menendez.

The Los Angeles County District Attorney’s Office is reviewing the case to determine if they might be entitled to either a new trial or re-sentencing.

In court papers filed last year, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers’ allegations of long-term sexual abuse at the hands of their father — a letter written by Erik Menendez to one of his cousins in early 1989, eight months before the August 1989 killings, and recent allegations by a former member of the Puerto Rican boy band Menudo that he was sexually abused by Jose Menendez as a teenager.

At a Wednesday afternoon news conference outside the downtown Los Angeles courthouse, Kitty Menendez’s sister, Joan Andersen VanderMolen, said she struggled for many years to come to “terms with what happened in my sister’s family.”

“It was a nightmare none of us could have imagined, but as details of Lyle and Erik’s abuse came to light, it became clear that their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable (cruelty) of their father,” she told a throng of reporters gathered for the news conference.

“As their aunt, I had no idea of the extent of the abuse they suffered at the hands of my brother-in-law. None of us did.”

She added, “They were just children — children who could have been protected and were instead brutalized in the most horrific ways. The truth is Lyle and Erik were failed by the very people who should have protected them — by their parents, by the system, by society at large. When they stood trial the whole world was … not ready to believe boys could be raped or that young men could be victims of sexual violence. Today we know better.”

One of the Menendez brothers’ cousins, Karen VanderMolen, told reporters, “From the beginning, I believed Lyle and Erik were victims of their father’s abuse. I grew up knowing and feeling something wasn’t right. The feeling in their house and the father-son interactions were just off. But it was not until the first trial that the full horror of what they had to live through came to light. … I cannot help but think of how things would be different if the world had known the truth back then, or if they had been the Menendez sisters.

“… What happened is tragic, but I forgive my cousins. I have forgiven them forever, because I know they were acting out of fear and desperation,” she said.

Another of their cousins, Brian A. Andersen Jr., said he has known the two his whole life and “can tell you without a doubt that they are not the villains they’ve been portrayed as.”

“They were boys — young, scared and abused by their father in ways no child should ever experience,” he said. “… The media focused so much on their actions that they never were able to tell the full story of their abuse that drove them to such desperate measures. When I think about the pain and suffering they endured, it breaks my heart to know that the system failed them so profoundly. They tried to protect themselves the only way they knew how. But instead of being seen as victims, they were vilified. Their father’s abuse was dismissed, their trauma ignored and their truth mocked by millions.”

He said the two “acted out of fear, but the jury never heard the full story. “

“If their trial were held today, their father’s abuse would be front and center in their defense, and I believe the outcome would be very different,” he added. “I am asking the District Attorney’s Office, regardless of who the D.A. is or becomes, to reconsider their case with the knowledge we now have about their abuse. Lyle and Erik deserve a second chance — a chance to heal, a chance to be free, and to live the rest of their lives without the shadow of their past hanging over them.”

District Attorney George Gascón said earlier this month that attorneys in his office are reviewing whether the Menendez brothers could be entitled to have their case reheard or to be re-sentenced. He said he is “not leaning in any direction right now” and is “keeping an open mind.”

“I will make the final decision,” he told reporters on Oct. 3.

Meanwhile, a victims’ rights attorney representing Kitty Menendez’s brother, Milton Andersen, said in a statement that her client believes justice was served and that his nephews should remain in prison.

Attorney Kathy Cady said a prosecutor in the District Attorney’s Office had dutifully kept Andersen informed for 17 months and that Andersen was never informed that the case had been reassigned to another prosecutor or given any notice about the district attorney’s press conference about the case.

“He, like the rest of the public, learned of this decision through the media — a flagrant violation of his rights as a victim’s family member,” Cady said. “Mr. Andersen, like all victims’ families has a constitutional right to be informed, to have his voice heard, and to have his opinions considered in any decision about the case.”

The case has been the subject of renewed public interest since the release of a recent Netflix documentary.

Attorneys for the Menendez brothers filed court papers last year seeking to have their convictions overturned, and have also asked that the two be re-sentenced. A prosecution response is due by Nov. 26.

The brothers never denied carrying out the killings, but contended they were repeatedly sexually assaulted by their father and feared for their lives.

Prosecutors, however, said the killings were financially motivated, pointing to lavish spending sprees by the brothers after the killings and arguing they were guilty of first-degree murder.

The brothers’ first trial ended with jurors unable to reach verdicts, deadlocking between first-degree murder and lesser charges including manslaughter. The second trial, which began in October 1995 and lacked much of the testimony centered on allegations of sexual abuse by Jose Menendez, ended with both brothers being convicted of first-degree murder and conspiracy.

The brothers have repeatedly appealed their convictions to no avail.

The court papers filed by defense attorneys last year included a copy of a handwritten letter allegedly sent by Erik Menendez to his cousin, Andy Cano. Attorneys contend the letter was only recently discovered by Cano’s mother. Cano, who died of a drug overdose in 2003, testified in the brothers’ first trial that Erik Menendez had told him about the molestation by his father when Erik was 13 years old, according to the court documents.

In the letter, Erik Menendez writes in part, “I’ve been trying to avoid dad. It’s still happening Andy, but it’s worse for me now. I can’t explain it. … 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.”

In court papers, Menendez brothers attorneys Mark Geragos and Cliff Gardner wrote that the new evidence “not only shows that Jose Menendez was very much a violent and brutal man who would sexually abuse children, but it strongly suggests that — in fact — he was still abusing Erik Menendez as late as December 1988. Just as the defense had argued all along.”

To bolster their contention, the attorneys also cited allegations that surfaced last year in a Peacock documentary series, in which Roy Rosselló — a former member of the boy band Menudo — alleged that Jose Menendez drugged and sexually assaulted him when he was about 14 years old during a visit to the Menendez home in New Jersey in 1983 or 1984.

Jose Menendez was an executive at RCA Records, which signed Menudo to a recording contract.

“I know what he did to me in his house,” Rosselló, now 55, said in the series. In another segment, he points to a picture of Jose Menendez and says, “That’s the man here that raped me. That’s the pedophile.”

A declaration from Rosselló — who also alleges Menendez sexually assaulted him on two other occasions in New York — was attached to the court papers filed on behalf of the Menendez brothers last year.

The Menendez brothers’ attorneys argue that the new evidence warrants a reopening of the case, saying it establishes “a prima facie case for relief.”

“To resolve this case, jurors had to decide a single, critical question: was Jose Menendez molesting his sons?” the attorneys write in the court document. “Jurors making this determination did not know of Erik’s letter to his cousin Andy, and they did not know that Jose Menendez had previously raped a 14-year-old boy.”

As a result, the attorneys argue that the brothers are being “unlawfully” imprisoned.

“Newly discovered evidence directly supports the defense presented at trial and just as directly undercuts the state’s case against (the brothers),” the attorneys contend in the document.

The papers asked that following a response from prosecutors, a judge “vacate the judgment and sentence imposed,” or in the alternative schedule an evidentiary hearing.

Geragos told reporters that the two had resigned themselves to spending the rest of their lives in prison. He described an “amazing rehabilitation” by the two brothers, and said more than 20 relatives on both sides of the family are supporting them.

Family members who are supporting the brothers’ release walked across the street after Wednesday’s news conference to the District Attorney’s Office’s headquarters to meet with the office’s re-sentencing unit, Geragos said.

The District Attorney’s Office released a statement Wednesday evening, saying in part, “We have heard the heartfelt pleas from the Menendez family regarding a review of this case. While we cannot formally comment on any decisions at this time, please know that our office is dedicated to a thorough and fair process and is exploring every avenue available to our office to ensure justice is served. Our legal team has met with the Menendez brothers’ family to listen to their concerns and perspectives.

“… Prosecutors are still seeking full documentation of the defense’s claims. The office is working as quickly as justice permits. Our office has developed a more modern understanding of sexual violence since the Menendez brothers first faced prosecution. Today, our office acknowledges that sexual violence is a pervasive issue affecting countless individuals — of all gender identities — and we are committed to supporting all victims as they navigate the profound impacts of such trauma.”