Erik and Lyle Menendez are serving life sentences for the 1989 murders of their parents. A request from the DA to have a judge resentence them could potentially lead to their release.
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| Leila Register / NBC News; courtesy of Los Angeles Times via Getty Images file |
By Tim Stelloh
While Erik and Lyle Menendez's supporters and family members push for resentencing and a possible release from prison, current and former prosecutors who handled the brothers' case in the 1990s told NBC News they believe the men are cold-blooded killers who should remain behind bars.
In an exclusive interview, one of the prosecutors expressed skepticism about new evidence the brothers have presented in an attempt to challenge their convictions.
They killed their parents. They slaughtered their mother, former Los Angeles County Deputy District Attorney Pamela Bozanich, who prosecuted the Menendez brothers in their first trial, told Dateline. Why should they live among us?
The Menendez brothers were sentenced to life in prison without the possibility of parole for the 1989 shotgun murders of their parents, Jose and Kitty Menendez. They have spent over three decades behind bars. However, last month, Los Angeles County District Attorney George Gascón — who was voted out of office this week — informed a judge that he supported resentencing the brothers to 50 years to life, a change that could make them eligible for parole immediately.
Gascón told reporters that Erik and Lyle Menendez no longer pose a public safety threat and have "paid their debt to society."
The announcement was welcomed by supporters who highlighted the years of alleged abuse the brothers suffered at the hands of their father, a wealthy entertainment executive. Their advocates argue that it is time for the brothers to be released.
But for Bozanich and another prosecutor who handled their second trial, the situation is far more complex. Bozanich, who did not believe the allegations of abuse by José Menendez, stated that even if their account were accepted as true, the brothers were still convicted of executing their parents in cold blood.
"Lyle shot their mother in the face at point-blank range after reloading his gun, Bozanich said.
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| Menendez brothers, Erik (left) and Lyle, at their Beverly Hills home in November 1989. Photo by Ronald L. Soble / Los Angeles Times via Getty Images. |
Juan Mejia, now a head deputy with the Los Angeles County District Attorney’s Office, raised concerns about a new piece of potential evidence in the Menendez brothers' case — a letter Erik claims to have written to his cousin about the alleged abuse years ago. One of the brothers' lawyers has referred to this letter as the "linchpin" in their recent attempt to challenge their convictions.
Mejia, who has not previously commented on the case, clarified that his views were personal and did not reflect the position of the District Attorney’s Office.
At the time of the brothers’ second murder trial, Mejia was a young deputy district attorney. He later oversaw the division that reviewed new evidence, including the letter, after it was submitted in May 2023. Mejia expressed concerns over the brothers’ history of dishonesty, citing Lyle’s alleged attempts to have people lie for the defense during the trial. He also voiced doubts about the brothers' claims, fearing they had not changed in the ways District Attorney Gascón suggested.
“Are they trying to pull another fast one on the court?” Mejia asked.
A lawyer representing the Menendez brothers declined an interview request and did not respond to emailed inquiries for comment.
Prosecutors are expected to file a response to the petition later this month.
Gascón told Dateline that he was aware of the dissent within his office regarding his decision to support resentencing, but he emphasized that he would allow other prosecutors to present their arguments for continued incarceration in court. He admitted that he struggled with the decision, acknowledging that the murders were unquestionably brutal and premeditated.
However, Gascón said he believed the brothers’ account of the abuse they allegedly suffered. Over the roughly 35 years they’ve been incarcerated, he noted, the Menendez brothers have been "exceptional prisoners."
A hearing for the brothers' resentencing is set for December 11, one week after the county’s new top prosecutor is sworn into office. A judge will ultimately determine whether Gascón's recommendation is appropriate.
Incoming Los Angeles County District Attorney Nathan Hochman stated he plans to review the facts, evidence, and applicable law before making a decision. Multiple sources close to Hochman indicated on Friday that there is a "good chance" he will request a delay in the resentencing hearing as he seeks to fully evaluate the case.
Lavish Spending, Finger-Pointing
On the night of August 20, 1989, 21-year-old Lyle Menendez made a frantic 911 call, reporting that someone had murdered his parents. Jose and Kitty Menendez had been shot and killed in the den of their Beverly Hills home.
Initially, the brothers suggested the killings might be linked to their father’s “shady” business connections. They pointed to one of their father’s former business associates, a man who had once been involved in pornography distribution, as a possible suspect, according to Les Zoeller, a former Beverly Hills detective who investigated the case. However, authorities looked into the lead and found no evidence to support it.
Zoeller soon became suspicious of the brothers' lavish spending in the aftermath of their parents' deaths. The brothers splurged on Rolex watches, new homes, a Jeep, and a Porsche, as detailed in an appeals court ruling. Zoeller also discovered that the brothers had searched for their father’s will just one day after the murders, suspecting it might have been altered after Jose Menendez had reportedly threatened to disinherit them.
As the investigation progressed, it was revealed that Erik had confessed to a therapist that he and his brother had killed their parents, Zoeller said. The brothers were arrested in March of the following year and charged with first-degree murder.
Abuse Allegations
When their highly publicized trial began in 1993, the Menendez brothers admitted to killing their parents but claimed it was in response to years of alleged sexual abuse by their father. Lyle testified that the abuse started when he was young and continued until he was 8 years old, while Erik stated that the abuse was ongoing at the time of the murders.
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| From left to right: Erik Menendez with his attorney, Leslie Abramson, and Lyle Menendez in Los Angeles, California, on March 9, 1994. |
After a confrontation, Lyle testified that their father seemed to threaten them. Believing they were in immediate danger, the brothers, armed with shotguns they had purchased in San Diego, stormed into the house and opened fire, Lyle said.
Bozanich, however, doubted the brothers' abuse claims. During therapy sessions, where the brothers confessed to killing their parents, they never mentioned that the murders were a result of abuse, according to Zoeller. While some relatives testified that Erik and Lyle had hinted at their father’s abusive behavior years earlier, Bozanich recalled that another relative told the prosecutor she believed the brothers’ allegations were fabricated.
She confronted Lyle about it,” Bozanich said. “He told her, ‘That’s the way it’s gonna be.
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| Mark J. Terrill / AP |
A Mistrial and Then a Conviction
After a six-month trial, the jury was unable to reach a unanimous verdict on whether the brothers had killed their parents in self-defense and should be convicted of manslaughter, or whether they were guilty of premeditated murder. As a result, the judge declared a mistrial.
In 1995, the brothers were retried. In their first trial, they had claimed the killings were an act of "imperfect self-defense." However, due to a recent ruling by the state's highest court, they were no longer allowed to use that defense, as explained in the appeals decision. Lyle also chose not to testify in the second trial.
The decision to bar their defense came after authorities intercepted letters from Lyle, which appeared to show him attempting to influence the case. In one letter, he allegedly urged a girlfriend to falsely claim she had been sexually assaulted by Jose. In another, he reportedly asked a friend to lie, saying he had provided the brothers with a gun for protection.
Ultimately, both Erik and Lyle were convicted of first-degree murder and sentenced to life in prison without the possibility of parole.
Their legal saga has garnered renewed public interest in recent months following the release of a Netflix miniseries and documentary about their lives.
Making the Case for Release
In a recent interview with Dateline, Gascón argued that the brothers have been model prisoners. He highlighted their work assisting fellow inmates with disabilities and their commitment to education through college courses. Additionally, he pointed to a green space "beautification" project they initiated at the prison where they are incarcerated. Gascón also emphasized that there was no evidence the brothers had been involved in any violence toward other inmates.
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| George Gascón in Los Angeles on March 5, 2024. Photo by Myung Chun / Los Angeles Times via Getty Images. |
When the Menendez brothers committed their crimes, Gascón pointed out, they were both younger than 26. Citing decisions from state and federal high courts, he explained that the part of the brain responsible for controlling behavior isn’t fully developed until a person reaches their mid-to-late 20s. California law, he added, stipulates that, with few exceptions, individuals who commit crimes before the age of 26 are entitled to a meaningful opportunity for parole during their natural life.
Now, Gascón noted, the brothers are over 50 and married, which makes them less likely to reoffend and more likely to reintegrate into society in a safe and productive way.
While Gascón acknowledged that the brothers' crimes were both brutal and premeditated, he argued that they were "poster cases" for the resentencing unit his office established three years ago. This unit works to determine whether an inmate’s sentence is still justified given their rehabilitation and current risk to society.
Gascón pointed to the success of the program, which has resulted in the resentencing of more than 300 individuals, with a recidivism rate of less than 1%. The decision to recommend resentencing for the Menendez brothers, he said, was "very straightforward."
A Letter Surfaces
Mejia acknowledged that the brothers likely meet the criteria for resentencing, but he expressed ongoing opposition to their release.
One of the key issues, Mejia explained, was a letter that was included in the petition challenging the brothers’ convictions. The letter is an undated photocopy of a handwritten note that Mark Geragos, the brothers' attorney, has claimed supports their allegations of abuse by their father.
According to a declaration in the filing, Erik Menendez stated that he sent the letter to his cousin, Andy Cano, in December 1988—several months before the murders occurred.
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| Lyle and Erik Menendez with their parents, Kitty and Jose. |
"I’ve been trying to avoid Dad," the letter reads. "It’s still happening, Andy, but it’s worse for me now."
The letter does not elaborate on the specifics of the alleged abuse, but the writer expresses fear of his father, who had reportedly warned him "a hundred times" not to tell anyone.
After the petition was filed, Mejia said prosecutors from the Los Angeles County District Attorney’s Office made repeated requests for the original letter from the brothers' attorneys. However, the attorneys never provided it, and the cousin to whom the letter was addressed, Andy Cano, passed away in 2003. In Mejia’s view, this raises serious doubts about the document’s authenticity.
“We can’t determine if it was written before the murders or after the conviction,” Mejia said.
Like Bozanich, Mejia remains deeply troubled by the brutal and calculated nature of the murders. He acknowledged the possibility that the mother may have known about the alleged abuse and failed to intervene, but added, "There’s no justification for shooting your mother eight times with a shotgun and then reloading."
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