The Menendez brothers have been in jail for 34 years after being found guilty of the murder of their parents, Jose and Kitty Menendez. Now, thanks to new evidence presented by the brothers’ attorneys last year, a date has been set for a new hearing that might allow the two to go free, or at least set a fixed date for their release.

Lyle and Erik Menendez’s case was already very well known when the second season of Monsters: The Lyle and Erik Menendez Story and the new Netflix documentary titled The Menendez Brothers were released. Ryan Murphy’s fictionalized account of the murder of Jose and Kitty Menendez has been heavily criticized, particularly for portraying the brothers in an incestuous relationship.

But the documentary, which included interviews with both brothers, gave a glimmer of hope that the two might go free soon, despite both having been sentenced to life without parole. The documentary ends with the following words: “In May 2023, Erik and Lyle filed a habeas petition seeking to vacate their murder convictions. The judge asked the District Attorney to respond and they await a decision.” So, are the brothers getting a new trial, a new sentence or are they going free?

Are the Menendez brothers getting a new trial?

The Menendez Brothers
Not quite, but the two are indeed getting a new hearing, set for November 29. The brothers have appealed their sentence multiple times without any change, but this hearing is based on new evidence that has recently been presented by their defense.  The office of Los Angeles County District Attorney George Gascón is said to be examining the evidence to determine if the two are entitled to a new trial, or at least to being resentenced. The office has set a press conference for Wednesday, October 16th, where an announcement about the case is expected, with Vanity Fair reporting that Los Angeles County District Attorney George Gascón will recommend the resentencing of the brothers, with an eye toward releasing them.

The new evidence presented includes a handwritten letter from Erik Menendez to his cousin Andy Cano, in which Erik talks about the abuse at the hands of his father. The letter is dated months before Lyle and Erik murdered their parents. Cano, who died in 2003, testified at the trial that Erik had told him about his father’s abuse when Erik was 13.

But the letter isn’t the only new evidence. On top of that, the brothers’ defense attorneys have a sworn statement from Roy Rosselló, a former member of the boy band Menudo. Menendez was an executive with RCA Records, the label that signed Menudo to a recording contract. Rosselló alleges Menendez drugged him and sexually assaulted him when he was 14, during a visit to his home.

The Menendez brothers never denied killing their parents, instead claiming they did it out of self-defense after enduring physical, emotional, and sexual abuse from them. The brothers’ lawyer, Cliff Gardner told the Associated Press that “given today’s very different understanding of how sexual and physical abuse impacts children — both boys and girls — and the remarkable new evidence, we think re-sentencing is the appropriate result.”

Will the Menendez brothers go free?

Los Angeles County District Attorney George Gascón, who is up for reelection in November, posted on Instagram part of the evidence presented by the brothers, with the following caption, and a plea for reelection.

“Evidence of a letter addressing Erik Menendez’s SA has surfaced news. Progressive DA Gascón wants their case to be reevaluated. He says it is his moral and ethical obligation to review the Menendez brothers’ case. It has been 35 years since their sentencing. It is time to decide whether these men have paid their dues to society. Erik and Lyle Menendez have spent most of their lives behind bars and will continue to unless we can ensure George Gascón can review and restore justice for all.”

Gascón’s term ends December 1. But a definitive answer about the brother’s possible release might be coming before that. If Gascón does indeed make a recommendation to release the brothers, a judge would then preside over a hearing to determine the exact terms of such resentencing.