When Ryan Murphy’s Monsters: The Lyle and Erik Menendez Story was released on Netflix in September, his true-crime drama spurred calls for a reexamination of Lyle and Erik Menendez’s murder case — as well as demands for the brothers’ release from prison after more than three decades. The coinciding release of Netflix’s The Menendez Brothers documentary in early October further intensified interest. Indeed, public understanding about victimhood and violence has directed attention to the context of these killings and whether the brothers were prevented from presenting a comprehensive defense, as a judge imposed limits on evidence of familial sexual abuse at their second trial. The brothers’ high-profile supporters include Kim Kardashian, Murphy’s friend and collaborator, and Rosie O’Donnell.
The brothers are also backed by many family members — including their mother’s sister — who cited the abuse they suffered. Los Angeles prosecutors reviewed the case and, on October 24, officially advised a resentencing for the brothers. A court proceeding is scheduled for December 11 to discuss potential resentencing in the wake of new evidence, including other allegations of sexual abuse against their father. Previously the date had been set for November 29. Some legal experts think the Menendez brothers have a real chance at freedom with veteran attorney Tre Lovell speculating that “there is a strong likelihood that the Menendez brothers will be released.â€
Let’s go back: What did the Menendez brothers do?
In 1996, the brothers were convicted of first-degree murder for killing their parents, José and Kitty Menendez, in their Beverly Hills home seven years prior. The path to their conviction was not straightforward. Lyle, who had dialed 911 and told authorities, “Someone killed my parents,†was arrested in March 1990 after the brothers admitted to their therapist that they killed their parents, per CNN. After Lyle was arrested, Erik surrendered several days later, for alleged first-degree murder. They were first tried in 1993, each with their own jury, in a highly publicized trial broadcast by Court TV. The prosecution claimed that they murdered their parents for money. Their respective defense attorneys conceded that they had killed their father and mother but claimed it was in self-defense after their father had sexually abused them for years.
The juries in their first trial could not reach a unanimous verdict. The brothers were retried in October 1995 with one jury for both of them. Most of the defense’s evidence about sexual abuse was barred from court, CNN said. They were both found guilty of first-degree murder in March 1996. A judge sentenced the brothers to life in prison — without the chance of parole — in July of that year. Lyle and Erik have previously appealed their convictions to no avail with the California Courts of Appeal, and Supreme Court of California, upholding their convictions in 1998 and 1999, Variety noted. They were also unsuccessful in their federal-court appeal.
Why are people reevaluating the case right now?
Monsters, understandably, brought renewed attention to the Menendez brothers’ case, but prior to that, interest was resparked in May 2023 when a prominent musician accused José of sexual abuse. Roy Rosselló, an ex-member of the boy band Menudo, claimed that José — who was a record executive — raped him. Rosselló’s allegations in the three-part Peacock docuseries Menendez + Menudo: Boys Betrayed bolstered the brothers’ claims that their father was an abuser, Variety noted. The brothers’ attorneys filed a petition with the court, requesting that their convictions and life sentences get overturned, citing Rosselló’s accusation.
They also noted that, eight months before the killings, Erik had sent his cousin a letter, in which he discusses his father’s predatory behavior, CNN explained. “Its still happening Andy but its worse for me now,†the December 1998 letter said. “He’s so overweight that I can’t stand to see him,†the letter says. “I never know when its going to happen and its 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 whimpus? I don’t know I’ll make it through this. I can handle it, Andy. I need to stop thinking about it.â€Â José’s younger sister allegedly found the letter and showed it to journalist Robert Rand some six years ago. Rand, in turn, showed this letter to Erik’s onetime appeals lawyer. This letter was not shown during either of the brothers’ trials, CNN said.
What has the family said about Monsters?
The brothers do not approve of Murphy’s show at all. “I believed we had moved beyond the lies and ruinous character portrayals of Lyle, creating a caricature of Lyle rooted in horrible and blatant lies rampant in the show. I can only believe they were done so on purpose. It is with a heavy heart that I say, I believe Ryan Murphy cannot be this naïve and inaccurate about the facts of our lives so as to do this without bad intent,†Erik said in a post on Lyle’s Facebook page. “So now Murphy shapes his horrible narrative through vile and appalling character portrayals of Lyle and of me and disheartening slander.â€
How has the Monsters’ cast reacted to criticism?
Javier Bardem, Nathan Lane, and Cooper Koch responded to Erik’s comments. Lane, who plays journalist Dominick Dunne, said, “He’s just criticizing it and condemning it without ever having seen it, so one has to take that with a grain of salt. Obviously, to have your life portrayed this way in a Netflix miniseries … he wasn’t one of the producers, so not everything might be flattering or make you happy. But I would say you should probably see it before you speak out again.†Bardem, who plays José, reflected that it’s “absolutely normal, logical and legitimate†to be worried about a dramatization involving one’s deepest tragedies. Koch, who portrays Erik, said that Erik’s response prompted him to “feel things†but believed the research he conducted for his role was accurate. “I get it. I understand how difficult it would be to have the worst part of your life be televised for millions of people to see. It’s so exposing. I understand how he feels and I stand by him,†Koch said.
Murphy, for his part, had a more acerbic reaction. “We had an obligation to so many people, not just to Erik and Lyle,†he told The Hollywood Reporter. “But that’s what I find so fascinating; that they’re playing the victim card right now — ‘poor, pitiful us’ — which I find reprehensible and disgusting.†Prior to this, Murphy seemed to criticize Erik for speaking out without viewing Monsters. “I think it’s interesting that he’s issued a statement without having seen the show. I know he hasn’t seen the show in prison. I hope he does see the show,†Murphy said. “It’s really, really hard — if it’s your life — to see your life up onscreen.â€
What have the brothers’ family said about their case since the show’s release?
During an October 16 press conference, more than one dozen of the Menendez brothers’ relatives demanded their release from prison. “I had no idea the extent of the abuse they suffered at the hands of my brother-in-law. None of us did,†Joan Andersen VanderMolen, Kitty’s sister, said, per ABC7 Eyewitness News. “We know that abuse has long effects, and victims of trauma sometimes act in ways that are very difficult to understand.†When the brothers were tried, VanderMolen said, “the whole world was not ready to hear that boys could be raped,†but “today we know better.â€
“They tried to protect themselves the only way they knew how,†Brian Andersen Jr., Kitty’s nephew, reportedly said. “Instead of being seen as victims, they were vilified … they are no longer a threat to society.â€Â Anamaria Baralt, one of José’s nieces, offered a similar view. “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.â€
What have authorities said?
Los Angeles district attorney George Gascón officially recommended a resentencing for the brothers on October 24. “After a very careful review of all the arguments that were made for people on both sides of this equation, I came to a place where I believe that under the law, resentencing is appropriate, and I am going to recommend that to our court tomorrow,†Gascón said. The prosecutors are now seeking 50 years to life for the brothers, whose ages at the time they committed the crime makes them both immediately eligible for parole. “They have been in prison 35 years,†Gascón added. “I believe they have paid their debt to society, and the system provides a vehicle for their case to be reviewed by a parole board.â€
Gascón also released a statement following the family’s October 16 press conference. “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,†Gascón said. Lawyers from his office met with the brothers’ family to hear out their concerns. “Prosecutors are still seeking full documentation of the defense’s claims. The office is working as quickly as justice permits,†the statement continued. “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.â€
How does Kim Kardashian fit into all of this?
Kim Kardashian, who is a vocal advocate for prison reform, visited the brothers, TMZ first reported in September. Kardashian also wrote an essay for NBC News on October 3, in which she argued that they should not be behind bars for life. “I doubt anyone would claim to be the same person they were at 18,†she said. “I know I’m not!â€Â Kardashian discusses their father’s sexual abuse in her op-ed. She also said that the brothers had “no chance of a fair trial†with the attention on their case and evidentiary rulings:
“Back then, there were limited resources for victims of sexual abuse, particularly for boys. There were virtually no systems in place to support survivors, and public awareness of the trauma of male sexual abuse was minimal, often clouded by preconceived judgments and homophobia. Can anyone honestly deny that the justice system would have treated the Menendez sisters more leniently?â€
Can the brothers actually get released?
Several attorneys think that their chances are good. Lovell pointed to new evidence that backed their sexual-abuse claims and “exemplary conduct†while incarcerated, such as mentoring other inmates and taking classes, as well as social shifts that take trauma into account. “Society’s view of sexual abuse has drastically changed from the time of the convictions, and the court will most likely consider today’s beliefs, as opposed to those present in the ’90s,†he said. Additionally, Gascón’s office —which has pushed for resentencing in hundreds of cases since he took office — may well be more favorable to the brothers. “What this means is that, for the first time, they may have a real chance of being released,†Anna Cominsky, associate professor of law and director of the Criminal Defense Clinic at New York Law School, said.
Cominsky noted that there are still many things that would happen before release. A short sentence, for example, is on the table. “That new, shorter sentence would ultimately lead to their release,†she said. “With a resentencing, the court only modifies the sentence; the conviction still stands.â€
The brothers still have a pending petition for their convictions to be thrown out. “There are a few possibilities with the habeas petition,†Cominsky explained. “The district attorney can oppose the petition and then there would be litigation on the merits of the application. The district attorney could not oppose the motion and then it will be up to the court to hold a hearing or vacate the judgment and sentence. If the brothers ultimately prevail, both their sentence and conviction could be vacated, and they could have a new trial or be released.â€
How could the election affect this?
On October 30, Judge Michael Jesic set a tentative date of December 11 to consider Gascón’s resentencing recommendation. The problem there? It’s after the election. Gascón is up for reelection, but trailing behind the more “tough on crime†candidate Nathan Hochman. If elected, Hochman would be sworn in December 2, and could withdraw Gascón’s request, per Variety. Hochman has criticized Gascón’s advocacy for the Menendez brothers. In light of this, the Menendez defense team is also requesting clemency from Governor Gavin Newsom. Gascón supported this request with a written letter to Newsom, per KTLA.
This post has been updated.