CNN
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The Los Angeles district attorney has released new evidence in the Lyle and Erik Menendez case that could potentially lead to a review of their life sentences for murder.
After their first widely publicized trial ended in a mistrial, a jury convicted the Menendez brothers of murdering their parents, Jose and Kitty, following a second trial in 1996.
While they never denied killing their parents, the brothers claimed they acted in self-defense and were lifelong victims of sexual abuse by their father. During the second trial, prosecutors argued that “the abuse did not happen,” and the judge overseeing the case did not allow much of the defense’s evidence of abuse to be presented, according to the brothers’ lawyers.
In July 1996, both men were sentenced to life in prison without the possibility of parole.
Now, more than 35 years after the murders, LA District Attorney George Gascón has released a screenshot of what appears to be a letter that the brothers’ lawyers have claimed corroborates Erik’s claims that he was sexually abused by his father.
On Sunday, Gascón shared a photo of a handwritten, undated letter in a post on his social media platforms. The letter appears to be written by Erik Menendez and is addressed to “Andy” and alludes to the abuse.
“I’ve been trying to avoid dad. It still happens Andy, but it’s worse for me now,” the letter reads. “I never know when it’s going to happen and it’s driving me crazy. Every night I stay up thinking he might come in.”
Attorneys for the Menendez brothers included excerpts from what appears to be the same letter in a May 2023 habeas corpus petition filed in LA Superior Court, CNN previously reported.
In the petition, the attorneys claim the letter was written by Erik Menendez to his cousin, Andy Cano, in December 1988 — months before Kitty and Jose were murdered. If the letter had been introduced as evidence during the 1996 trial, Menendez lawyers argue, the jury may have reached a different conclusion.
CNN contacted Garcón’s office and the lawyers representing the Menendez brothers to confirm the letter, which was shared on social media.
The case has resurfaced in the spotlight more than 30 years after last month’s release of “Monsters: The Lyle and Erik Menendez Story,” a Netflix series created by prolific TV showrunner Ryan Murphy.
This month, Netflix also released a documentary on the Menendez case in which both men discussed what led to the murders.
The family of Erik and Lyle Menendez said they will hold a news conference “in a powerful show of unity” outside the Los Angeles courthouse on Wednesday with Mark Geragos, their defense attorney.
Gascón’s office has until November 26 to provide an answer to the brothers’ request to challenge the legality of their imprisonment.
In a press conference earlier this month, Gascón stated that his office has a “moral and ethical obligation to review” the Menendez brothers’ case. He is campaigning for re-election in November on a progressive platform that includes sentencing reform.