In a now-deleted Instagram post uploaded Sunday, Los Angeles District Attorney George Gascón shared new “bombshell” evidence from the Menendez brothers’ case: a letter apparently referencing alleged sexual abuse.
Brothers Erik and Lyle Menendez were convicted of the brutal murders of their parents, Jose and Kitty, in 1989. Though they have admitted to the killing, the brothers alleged that they were victims of long-standing abuse by their father and that their mother allowed it. They have positioned the murders as self-defense.
However, prosecutors alleged that the brothers instead were after their parents’ money, and pointed to lavish spending sprees that occurred after the murders.
While the letter shared by Gascón was undated, DailyMail.com – the outlet that first revealed it – said it was written by Erik Menendez to his cousin Andy Cano eight months before the murders. Defense attorney Cliff Gardner said it was penned in December 1988.
“I’ve been trying to avoid dad. It’s still happening Andy but it’s worse for me now. I can’t explain it. He’s so overweight that I just can’t stand to see him. I never know when it’s going to happen and it’s driving me crazy,” said Erik in the letter.
Before Cano died in 2003, he testified that Erik told him about being abused by his father when he was 13, DailyMail.com said. Cano’s mother found the letter nine years ago and it was included in the Menendez brothers’ 2023 petition regarding potential wrongful imprisonment.
“Progressive DA Gascón wants their case to be reevaluated,” a series of captions that accompanied the images – including the letter – in the deleted post stated, according to Fox News Digital. “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.”
Earlier this fall, Gascón announced he would review the brothers’ convictions. His announcement came after the release of multiple media projects about the Menendez case, including Ryan Murphy’s “Monsters: The Lyle and Erik Menendez Story” dramatic series on Netflix, “The Menendez Brothers” documentary on Netflix and the Peacock docuseries, “Menendez + Menudo: Boys Betrayed” from last year.
Today, Erik, 53, and Lyle, 56, are incarcerated at the Richard J. Donovan Correctional Facility in San Diego, but they did spend more than two decades apart during their imprisonment.
“Given today’s very different understanding of the devastating impact of sexual and physical abuse on young children (both boys and girls), the testimony about Jose’s sexual abuse of Lyle that was excluded at the second trial and the remarkable new evidence presented in the habeas petition, we think resentencing is in the interests of justice,” Gardner said, per CNN. “The brothers have served more than 30 years in prison. That is enough.”
In an Oct. 10 Instagram post, Gascón said: “We have a moral and ethical obligation to review what is being presented to us and the case of the Menendez brothers is no different,” adding that he is against the death penalty.
Audacy station KNX News in Los Angeles, Calif., reported that more than a dozen members of the Menendez family were expected to gather in downtown L.A. Wednesday afternoon to plead for the brothers’ release.
“Family members want the brothers re-sentenced and released in light of more evidence coming out supporting the brothers’ claims they suffered severe child sexual abuse at the hands of their father,” said the report. It said the relatives include Anamaria Baralt, the niece of José Menendez, and Karen VanderMolen and Brian A. Anderson Jr., the niece and nephew of Kitty Menendez, citing NBC News.
Robert Rand, a journalist who produced the documentary “Menendez + Menudo: Boys Betrayed”, told the station he would be there too. Rosie O’Donnell was also expected to speak at the event.
“We have been trying to handle this sometime between October, November this year and there has been the case for months,” Gascón said. “Those are complex cases that require a lot of reinvestigation, especially this is a case that is 35 years old.”
A hearing is set for next month.