The Menendez brothers could face a retrial as prosecutor reveals he is examining crucial evidence in case that has gripped America
The Menendez brothers could sensationally get a new trial after the Los Angeles County district attorney announced his office is reviewing critical evidence in their case.
Brothers Erik and Lyle were convicted nearly 35 years ago of murdering their parents Jose and Kitty Menendez in their Beverly Hills mansion.
Los Angeles County District Attorney George Gascon said at a news conference Thursday that his office was investigating evidence not allowed in their trial, but repeatedly emphasized that he was in no way committed to the validity of new claims surrounding their case.
In particular, Gascon said he was looking into last year’s shocking allegations from Roy Rossello, a former member of the band Menudo, who alleged that Jose Menendez molested him as a teenager while working as a music manager in the 1980s.
The allegations opened the door to the Menendez brothers’ appeals over claims that critical evidence of their father’s alleged abuse was not admitted in their 1996 trial.
If they get a new trial, the Menendez brothers could be freed if a jury finds them guilty of voluntary manslaughter instead of murder, which would lead to their release because they have served more than the maximum sentence.
Lyle and Erik Menendez were convicted in 1996 of murdering their parents in a crime that shocked the nation
The brothers claimed they killed their parents over the alleged abuse of their father Jose Menendez (center right), but those charges were not admitted at their second trial, where they were convicted.
The brothers were initially tried separately, but both juries were deadlocked over claims that Erik and Lyle killed their parents because they feared for their lives after threatening to expose their father’s years of alleged sexual and physical abuse .
However, they were found guilty at a subsequent trial after a judge refused to allow testimony about Jose’s alleged molestation of his sons, which forms the basis of their ongoing appeal.
Gascon said there is no doubt among authorities that the brothers committed the murders, but said there is renewed scrutiny over whether the jury should have heard evidence of Jose’s alleged abuse in their second trial.
The prosecutor said he will determine whether the Menendez brother will get a new trial, or whether prosecutors will seek a new sentence — which would likely be downgraded to manslaughter and set them free.
A hearing on the new evidence is scheduled for November 29.
The Menendez brothers’ calls were amplified last year when Roy Rossello (pictured), a former member of the band Menudo, came forward with rape allegations against Jose Menendez
Los Angeles County District Attorney George Gascon said at a news conference Thursday that his office was reviewing evidence in the 1996 trial
The Menendez brothers, seen in recent police photos from behind bars, were convicted of murdering their parents nearly 35 years ago
The 1996 Menendez trials captured national attention as observers wondered how the privileged and handsome brothers could have murdered their parents in their mansion.
In recent weeks, their case returned to the spotlight when it was profiled in a new Netflix show, which faced backlash for depicting the brothers in an incestuous relationship, which they and their supporters deny.
Before Netflix’s fictional adaptation brought new attention to the case, the Menendez murders came under scrutiny last year after Rossello’s allegations were detailed in a Peacock documentary.
Rossello alleged that he was sexually abused at age 13 or 14 by Jose Menendez at the family’s New Jersey home in the 1980s, several years before the brothers killed their parents with shotguns in the home’s living room.
He said he was brought to the house by his band’s creator, Edgardo Diaz, on the pretext of signing a recording contract with RCA Records, where Jose worked as a manager.
After the allegations came to light, the Menendez brothers cited the claims in a habeas corpus writ last year, asking for their murder convictions to be thrown out.
Regarding the new allegations, Gascon said his office is “not ready to believe or disbelieve that information” until it is verified.
“We are here to tell you that we have a moral and ethical obligation to assess what is presented to us and make a decision,” he said.
