The fight for freedom: The Menendez brothers’ different possible paths to release and the impact of society’s changing views of abuse

Lyle Menendez Erik Menendez prison reunited

An Oct. 31, 2016 photo provided by the California Department of Corrections and Rehabilitation shows Erik Menendez, left, and a Feb. 22, 2018 photo provided by the California Department of Corrections and Rehabilitation shows Lyle Menendez (California Department of Corrections and Rehabilitation).

In August 1989, the Menendez brothers went into their family den in their Beverly Hills mansion, where their parents Jose and Kitty Menendez were watching television, and fired over fifteen total rounds, killing them both, culminating in a tragic end to a childhood already filled with alleged abuse of all forms, including sexual.

A little over six months later, the brothers were arrested and charged with first-degree murder, and a trial was set in July 1993, with separate juries. At the time, prosecutors attempted to prove the brothers committed the murders for financial benefit, pointing to their excessive spending spree of over $700,000 after the killings, with both purchasing lavish jewelry, homes, and cars. The district attorney’s office argued the boys had killed their parents so they could collect their inheritance, insurance policies, and any other money left to them in their father’s will — yet no one at the time was prepared for the story that then unfolded by the defense.

The brothers’ defense team, led by Leslie Abramson and Jill Lansing, walked the two separate juries — one for each brother — through agonizing and detailed testimony from the two boys about the sexual, physical, and mental abuse they allege they said they suffered from their father Jose Menendez. By January 1994, the trial concluded and the juries were hopelessly deadlocked, unable to reach a conclusion. Days later, it was revealed the disagreement was marked largely by gender, with many female members of the jury arguing the brothers acted in self-defense, while a large portion of the men believed the requirements of premeditated murder were met. In the end, six women voted for manslaughter and six men voted for first-degree murder.

Specifically, many of the women believed the boys were abused, whereas the male jurors seemed more preoccupied with Erik Menendez’s sexual orientation — a narrative the prosecution attempted to weave into its arguments at the trial. The case was ultimately retried in 1995, yet this second trial was vastly different from its predecessor: the judge, Stanley Weisberg, prevented any evidence regarding sexual abuse from being discussed, no cameras were allowed in the courtroom, and the defense claims of “imperfect self-defense” — which would require a showing that the brothers believed they were in imminent danger — was taken off the table, essentially eliminating the possibility of manslaughter and leaving only murder, with its heavy potential sentence.

By 1996, the two were found guilty of first-degree murder and sentenced to life in prison without the possibility of parole. By 2005, the brothers had exhausted all options for an appeal, and have been serving the nearly past 20 years with virtually no hope of ever getting out.

By 2023, however, that began to change.

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