Menendez brothers' claims of abuse supported by letter, new allegation

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This communicative primitively aired connected March 2, 2024.

Lyle and Erik Menendez person been down bars successful California for much than 3 decades for the 1989 sidesplitting of their parents, Jose and Kitty Menendez. Convicted of first-degree execution and sentenced to beingness successful situation successful a lawsuit that captured the nation's attention, they had nary anticipation of ever walking free. But caller evidence whitethorn alteration that.

Erik chose not to talk with "48 Hours" for this broadcast, but Lyle did, speaking with contributor Natalie Morales by telephone from RJ Donovan State Prison successful San Diego, California.

Operator: You person a prepaid telephone from—

Lyle Menendez: Lyle Menendez …

Operator: This telephone and your telephone fig volition beryllium monitored and recorded.

Natalie Morales: Hi, Lyle. Can you perceive me?

Lyle Menendez: Hi. Yeah, I tin perceive you.

Natalie Morales: What did you deliberation erstwhile you heard astir these … caller claims and grounds …

Lyle Menendez: I mean, for me, I conscionable was blessed … 'cause it's a load to beryllium telling what happened to you and conscionable person truthful overmuch uncertainty successful the nationalist air.

The question is not whether the Menendez brothers killed their parents. They admit that they did. Instead, the absorption of the lawsuit has agelong been wherefore they did it. They importune that they killed retired of fearfulness and successful self-defense aft a beingness of physical, emotional, and intersexual maltreatment suffered astatine the hands of their parents. One of their lawyers, Cliff Gardner, says the caller grounds corroborates those claims—and lessens their culpability.

Cliff Gardner: If the justice finds this grounds credible, I deliberation it is capable to springiness them a caller trial.

THE MENENDEZ MURDERS

But to recognize however we got here, we person to spell backmost to the beginning: the evening of Aug. 20, 1989, erstwhile Lyle Menendez made this telephone to 911 from the family's Beverly Hills mansion:

911 OPERATOR: Beverly Hills Emergency?

LYLE MENENDEZ: Yes, please, uh —

911 OPERATOR: What's the problem?

Lyle Menendez: (Crying) Someone killed my parents!

911 OPERATOR: Pardon me? —

LYLE MENENDEZ: (Sobbing) Someone killed my parents!

After officers responded to the scene, then-21-year-old Lyle and 18-year-old Erik reported that they had arrived location to find their parents changeable to decease successful the household room. Jackie Lacey was a lawman territory lawyer successful Los Angeles astatine the time.

Jackie Lacey: I deliberation 1 of the Beverly Hills detectives … described it arsenic 1 of the astir … brutal transgression country helium had ever seen successful his life.

POLICE NEWS CONFERENCE: I've been successful this concern for implicit 33 years, and I person heard of precise fewer murders that were much savage than this 1 was.

Jose Menendez, a erstwhile apical enforcement astatine RCA Records, and his wife, Kitty, had been changeable aggregate times astatine adjacent scope with a shotgun.

Jackie Lacey: It was an look of hatred for these 2 people.

Milton Andersen, Kitty's older brother, inactive remembers receiving the news.

Milton Andersen: My member called me, and helium said that Kitty and Jose were – were dormant … I loved her … Sister Kitty was a precise ambitious gal … She was a precise beauteous … woman.

Kitty and Jose met erstwhile they were successful assemblage successful Illinois. Jose had travel to the U.S. from Cuba. They went connected to wed and commencement a family. Lyle and Erik were their lone children. Over the years, with Kitty by his side, Jose excelled successful his career, moving for RCA Records, among different large companies.

Milton Andersen: He was going close up the ladder … without immoderate hesitation.

At the clip of his death, Jose was moving for a movie studio, moving their location video division. Investigators initially suspected that the killings whitethorn person been tied to his concern dealings.

Jackie Lacey: Lyle … benignant of indicated, you know, my dada dealt with shady characters. And erstwhile you accidental thing similar that, detectives are going to commencement to look at, OK, what were his concern contacts?

Family members and investigators wondered whether it whitethorn person been mafia related. At the time, the location video manufacture was known for having ties to the mob.

Milton Andersen: Everybody said it was a mob hit.

Jackie Lacey: Because it was truthful brutal. … It – it truly was similar a country retired of … "The Godfather" movies.

Initially, Lyle and Erik Menendez were not adjacent connected investigators' radar.

Jackie Lacey: They didn't bash immoderate gunshot residue trial connected their hands. They fto them spell backmost … and get grounds without adjacent thinking, "hey, could it person been the kids?"

But they didn't enactment disconnected investigators' radar for long. Their behaviour successful the aftermath of the transgression yet drew scrutiny. The brothers appeared to beryllium spending their parents' wealth — and tons of it.

Jackie Lacey: They were … Investing successful businesses. … They acted similar they had won the lottery.

And their behaviour astatine their parents' memorial services raised immoderate eyebrows.

Milton Andersen: At the podium … Lyle work a missive from Jose … that was filled with emotion and pridefulness for his sons.

Natalie Morales: Did you spot Lyle get affectional arsenic helium was speechmaking that letter?

Milton Andersen: No. … Lyle besides made a connection that his begetter ever said, "you tin ne'er capable my shoes." And helium jokingly said, "guess what? I'm wearing my father's shoes today."

Natalie Morales: Struck you arsenic unusual that helium would accidental thing similar that.

Milton Andersen: I—very odd.

While each that whitethorn person seemed unusual, it wasn't hard evidence. But then, astir six months later, constabulary got a extremity from an improbable source: the woman of a scientist who Lyle and Erik Menendez had been talking to. She told constabulary that the brothers had confessed to the killings successful therapy and determination was an audiotaped signaling of it.

Jackie Lacey: But for that confession, who knows whether they would've ever been caught?

On March 8, 1990, aft constabulary got their hands connected that tape, Lyle Menendez was taken into custody. Erik Menendez, who was retired of the state astatine the time, surrendered to constabulary days later.

DAN RATHER | "CBS Evening News": Not galore Hollywood execution mysteries ever took a much melodramatic crook than constabulary are describing successful a mates of savage Beverly Hills killings.

NEWS REPORT: Police accidental the motive was seemingly money. A $14 cardinal inheritance to beryllium shared by the brothers.

But years later, erstwhile the lawsuit made its mode to trial, the brothers would marque it wide that it mightiness not beryllium truthful simple.

DEFENSE ATTORNEY JILL LANSING (in court): On August 20th, 1989, did you and your member termination your parent and father?

LYLE MENENDEZ: Yes.

JILL LANSING: Why did you termination your parents?

LYLE MENENDEZ: Because we were afraid. (emotional)

MURDER OR SELF-DEFENSE? THE MENENDEZ BROTHERS GO ON TRIAL

In the summertime of 1993, astir 4 years aft Jose and Kitty Menendez were gunned down successful their home, their sons, Lyle and Erik Menendez, went connected trial. They faced the decease penalty.

LESLIE ABRAMSON (Defense opening astatine trial): Good day … The lone question successful this lawsuit is wherefore did these killings occur? … Why they were killed is what the absorption of each of our grounds volition beryllium on.

What the defence was arguing was that since this was a self-defense case, the brothers were deserving of a lesser complaint and punishment. The defence attorneys who tried the lawsuit didn't respond to "48 Hours"' requests for an interview. Cliff Gardner represents Lyle and Erik Menendez today.

Cliff Gardner: They had the defence of … imperfect self-defense.

Imperfect self-defense, meaning the brothers honestly believed that they had to instrumentality enactment to prevention their lives, adjacent though it mightiness not look rational.

Cliff Gardner: And if it's honorable but unreasonable … You are culpable of manslaughter, not of murder.

Lyle Menendez testifying astatine the archetypal trial.

Both brothers took the stand. Lyle Menendez spoke of intersexual maltreatment astatine the hands of his parent and father. He said his begetter began sexually abusing him erstwhile helium was lone 6 years old.

LYLE MENENDEZ (in court): He would, uh, fondle maine and helium would inquire maine to bash the aforesaid with him.

Over time, helium said, it became worse.

LYLE MENENDEZ (in court): He'd rape maine (crying).

Erik Menendez testifying astatine the archetypal trial.

But portion Lyle said his begetter stopped sexually abusing him erstwhile helium was 8, Erik said it ne'er ended for him, and that helium yet confided successful his older member days earlier the transgression — astatine property 18.

ERIK MENENDEZ (in court): I didn't cognize what to bash astatine the time. So, I figured I'd archer Lyle and possibly helium could assistance me.

LYLE MENENDEZ (in court): He started telling maine that … 1 of the reasons helium had ne'er told maine earlier was due to the fact that my dada had ever threatened his life.

The brothers testified that Lyle soon confronted their parents, and that their parent indicated she knew astir the maltreatment each along. In anger, Lyle said helium directed a menace astatine his father.

LYLE MENENDEZ (in court): I told him that I would archer everybody … Then helium said, … we each marque choices successful life, son. Erik made his. You've made yours.

JILL LANSING: What did you deliberation was gonna happen?

LYLE MENENDEZ: I thought we were successful danger. I thought helium had no—he felt helium had nary choice.

JILL LANSING: But to what?

LYLE MENENDEZ: That helium would termination us.

The brothers testified that they got into different statement with their parents connected the nighttime of the transgression and that they believed their parents were astir to termination them to support the household concealed from coming out. So, they said, they grabbed shotguns that they had bought 2 days earlier for protection, went into the household country and started shooting their parents — astatine 1 point, adjacent stopping to reload.

JILL LANSING (in court): And what did you bash aft you reloaded?

LYLE MENENDEZ (crying): I ran around, changeable my mom.

To bolster their claims of abuse, the defence called to the basal galore relatives, friends and acquaintances of the household who described incidents of carnal and affectional maltreatment that they said they observed. Alan Andersen, Lyle and Erik's cousin, was 1 of those witnesses. Growing up, Alan would walk summers astatine the Menendez home. He had a batch to accidental astir Jose.

Alan Andersen: Hitting the kids with the belt, ne'er had a occupation with that.

And Kitty.

Alan Andersen: She wouldn't get up to console the children, nothing.

While nary of the witnesses, including Alan, ever saw Lyle oregon Erik Menendez being sexually abused, Alan did callback thing that struck him arsenic odd.

Alan Andersen: Jose would archer the boys, "In the bedroom" … and past helium would adjacent the doorway and past he'd instrumentality showers with 'em.

He says during that time, Kitty wouldn't fto him spell adjacent the room.

Alan Andersen: So, I was not allowed, portion the boys were unsocial with Jose with the doorway closed successful the maestro bedroom, to spell down the hallway to astir apt not perceive immoderate I whitethorn hear.

Another cousin, Diane Vandermolen, gave akin testimony. And she besides recounted a speech she says she had with Lyle erstwhile helium was 8.

DIANE VANDERMOLEN (in court): Um, helium proceeded to bespeak to maine by touching himself, uh, down and — and saying that his dada and him had been touching each different down there.

JILL LANSING: And what did you do?

DIANE VANDERMOLEN: I went and got Kitty and, uh, … told her what was going on.

JILL LANSING: And what happened erstwhile Kitty came down?

DIANE VANDERMOLEN: Uh, she didn't judge me.

Andy Cano, yet different cousin, besides took the basal and testified astir a speech helium says helium had with Erik erstwhile Erik was astir 13.

ANDY CANO (in court): He told maine his begetter was massaging his d***. … He told maine ne'er to uncover it to anybody.

Still, prosecutors argued that adjacent if Lyle and Erik Menendez were abused, it doesn't springiness them the close to kill. And they pointed retired that erstwhile the brothers confessed to that psychologist, they ne'er mentioned maltreatment oregon self-defense then.

Jackie Lacey: The timing of disclosure was convenient.

The prosecutors who tried the lawsuit didn't respond to "48 Hours"' petition for an interview. Former Los Angeles County D.A. Jackie Lacey reviewed portions of the proceedings astatine our request.

Jackie Lacey: And radical bash marque things up erstwhile their beingness is connected the line.

But each these years later, Lyle Menendez maintains they are telling the information and the crushed they didn't travel guardant past was complicated.

Natalie Morales: What was holding you back?

Lyle Menendez: Just shame. Just not wanting it to beryllium public.

The axenic quality of the crime, however, says Lacey, doesn't enactment the brothers' assertion that they acted successful self-defense. Prosecutors pointed retired that Jose and Kitty were watching TV astatine the clip they were killed, and they weren't armed.

Jackie Lacey: In bid to get adjacent capable to stroke idiosyncratic distant … you would've been capable to spot that they didn't person weapons.

Lyle Menendez is adamant that helium and his member were successful fearfulness for their lives.

Lyle Menendez: For me, it was conscionable acheronian and confusing and full content that determination was danger. … You know, it's combat oregon formation to a degree. … It was panic.

The prosecution argued the grounds proves the killings were premeditated. When the brothers purchased those shotguns, prosecutors said that they took steps to screen their tracks, similar driving to a weapon store each the mode successful San Diego.

Jackie Lacey: San Diego is not an astir the country drive. Last clip I checked, it was 2 hours sometimes.

Jackie Lacey: After they killed their parents, they went astir and picked up the expended shotgun ammunition casings truthful that their fingerprints wouldn't beryllium discovered connected those shells. … determination was a batch of thought and a batch of deliberation that went into it.

They besides got escaped of the shotguns, made that 911 telephone —

OPERATOR: Who is the idiosyncratic that was shot?

LYLE MENENDEZ (Crying): My ma and my dad.

— and misled the archetypal investigators. Prosecutors pointed to wealth arsenic the motive. They said Jose Menendez told his sons helium had removed them from his will—and based connected their investigation, they suggested that aft the crime, Lyle Menendez attempted to destruct a volition connected the household computer. Lyle denies doing that and insists wealth had thing to bash with what happened. If determination was a caller will, it was ne'er found.

Lyle Menendez: We ne'er had immoderate fiscal problems with my parents.

Although the brothers were tried together, determination were 2 abstracted juries deciding their fate. When deliberations began, they stretched connected for weeks earlier some juries determined they were divided implicit whether Lyle and Erik Menendez should beryllium convicted of execution oregon manslaughter.

JUDGE (in court): Therefore, I find that the assemblage is hopelessly deadlocked.

A mistrial was declared.

Lyle Menendez: It was conscionable a devastating result. I needed it to beryllium implicit 1 mode oregon the other.

But it was acold from over. Prosecutors would effort the lawsuit again.

Jackie Lacey: They needed a win. … the vigor was on.

THE RETRIAL OF LYLE AND ERIK MENENDEZ

Nearly 2 years passed arsenic Lyle and Erik Menendez sat successful jail, awaiting a 2nd trial. Some of their household members, similar Alan Andersen, believed that they were justified successful the killings.

Alan Andersen: I cognize they did what they did due to the fact that they were successful fearfulness of their life.

While others — similar Kitty's brother, Milton Andersen, considered them cold-blooded killers.

Milton Andersen: I don't judge that Jose oregon Kitty would bash immoderate of the things that they were accused of. … Jose was changing his volition … And that's erstwhile they went retired and bought the shotguns.

At the retrial, which began successful October 1995, 1 jury, alternatively of two, would perceive the case, nary video cameras were allowed successful court—and a caller squad of prosecutors would employment a antithetic strategy.

Cliff Gardner: The archetypal proceedings was, OK, determination whitethorn person been abuse, but we don't let vigilantes successful our society. … The 2nd trial, the prosecution's case, determination was nary maltreatment astatine all.

And what made it easier for prosecutors to reason that, says lawyer Cliff Gardner, is the information that the prosecution raised caller and palmy objections to the admittance of a ample magnitude of defence evidence. Now, the assemblage would perceive from lone immoderate — not all—of the witnesses who knew the Menendez household and helped corroborate the brothers' claims of abuse.

Cliff Gardner: The D.A. was not going to instrumentality different loss. They could not instrumentality different loss.

The judge, who had besides presided implicit the archetypal trial, excluded the grounds connected the grounds that it was irrelevant, repetitive and successful immoderate instances, lacking successful instauration — due to the fact that this time, Lyle Menendez would not instrumentality the stand.

Natalie Morales: Erik did testify. Why did you determine not to speak?

Lyle Menendez: Uh, for 2 reasons. I was conscionable done aft the archetypal trial. … And I didn't person … the lawyer that … I trusted truthful overmuch to inquire maine these heavy idiosyncratic questions.

But Carol Najera, the lone surviving pb authoritative from the 2nd trial, who declined to talk with "48 Hours," suggested successful a 1996 interrogation determination mightiness person been different crushed wherefore Lyle didn't instrumentality the stand.

Carol Najera (1996 interview): There were things that had been developed since the archetypal proceedings that would person damaged his credibility a large deal.

Prosecutors said they had caller grounds that Lyle had asked a person and a erstwhile woman to fabricate testimony. Lyle admits to "48 Hours" that helium did bash that, but says helium aboriginal withdrew those requests. Because Lyle didn't instrumentality the stand, his cousin, Diane Vandermolen, was prohibited from testifying astir that speech she says she had with Lyle erstwhile helium was 8, successful which she says Lyle told her that his begetter was touching him. The assemblage did inactive perceive from relative Andy Cano astir that akin speech helium claimed to person had with a 13-year-old Erik, but the prosecution attacked his credibility.

Cliff Gardner: The state's presumption was that Andy was a liar.

And erstwhile relative Alan Andersen took the stand, prosecutors attacked his credibility excessively — bringing up the information that Lyle Menendez gave him wealth aft the crime. Andersen says it was to assistance wage for a aesculapian procedure.

Alan Andersen: He didn't accidental thing like, well, if I spell to court, you know, oregon no, he, it was conscionable consecutive up betwixt him and I, him being a bully cousin, knowing I was successful fiscal bind, helium knew helium had the resources to assistance me.

At the 2nd trial, prosecutors placed much of a absorption connected the brutality of the crime. And they painted Jose arsenic a restrained, loving father—someone incapable of molesting his children. Prosecutors referred to the brothers' defence arsenic "the maltreatment excuse." In the archetypal trial, the defence called much than 50 witnesses, this clip they called astir half.

Cliff Gardner: It wasn't that they didn't privation to contiguous them. They were not allowed.

The assemblage deliberated for days, and past a verdict: blameworthy of first-degree murder.

Lyle Menendez: I hugged my brother, we cried, and I said, "look, we're gonna beryllium OK."

Alan Andersen: I was not blessed astatine all.

At the jury's recommendation, the brothers were sentenced to beingness successful situation without the anticipation of parole.

Natalie Morales: And you judge they deserved that?

Milton Andersen: Oh, what they did to my sister … they should person gotten the decease penalty.

Lyle and Erik Menendez were sent to abstracted prisons. More than 2 decades passed and then, astir 2020, the lawsuit made a astonishing resurgence connected societal media. Following a documentary that aired connected the lawsuit successful which Erik Menendez repeated his claims of abuse, droves of radical took to TikTok and Instagram to explicit enactment for him and his brother.

Dr. Judy Ho is simply a neuropsychologist who specializes successful puerility enactment maltreatment trauma. Dr. Ho is besides a "48 Hours" consultant. We asked her to reappraisal the case.

Dr. Judy Ho: I decidedly deliberation that our nine has conscionable go much knowledgeable astir trauma and the interaction of intersexual trauma.

Dr. Ho says probe shows that conscionable due to the fact that the brothers delayed reporting abuse, it doesn't mean they made it up.

Dr. Judy Ho: That's each precise accordant with radical who person been done trauma and possibly consciousness similar it was adjacent their ain responsibility successful immoderate ways … Or they're ashamed of the trauma … And there's a batch much self-stigma and shame associated with antheral victims.

She besides says that the maltreatment the brothers describe, could adjacent assistance explicate wherefore the transgression was truthful brutal.

Dr. Judy Ho: It makes consciousness that successful that moment, it's astir similar a breakdown. … And that's not to marque an excuse for thing that they've done, but it's conscionable to picture the authorities of caput of this is years and years of abuse, wherever they … couldn't enactment to support themselves … And erstwhile they pulled the trigger, it was like, determination was nary turning back.

But could Lyle and Erik Menendez person genuinely been successful fearfulness for their lives that night?

Natalie Morales: They're 18 and 21. … Why couldn't they leave?

Dr. Judy Ho: Right. Well, surely determination was a way that they could person taken is to effort to get distant from the household … But it sounds similar adjacent astatine that age, they were precise overmuch nether the power of their begetter still. … I deliberation that oftentimes what radical are not alert of is that trauma wholly rewires the encephalon … They astir apt did deliberation astatine 1 constituent it was either them oregon their parents. That it was a combat oregon formation conditioning that had travel up.

Attorney Cliff Gardner believes the lawsuit would beryllium tried otherwise today.

Cliff Gardner: The thought backmost past was, A, dads don't molest their children. … And if by accidental it happened, these are 18 and 21-year-old kids. They're strapping young men. They conscionable leave. … And some those, I think, are undercut successful — successful what we cognize today.

Still, a amended knowing of the effects of intersexual maltreatment and immoderate societal media enactment would bash small connected their ain to marque a quality successful the brothers' lawsuit legally. Instead, what their defence needed was caller evidence, and eventually, that's what it got.

Natalie Morales: Did you oregon Erik deliberation that different idiosyncratic would impeach your begetter … of kid molestation?

Lyle Menendez: I did not. … I could not judge it.

NEW DEVELOPMENTS IN THE CASE

Over the years, Lyle and Erik Menendez appealed their convictions, but were unsuccessful. It seemed improbable that they would ever spot beyond situation walls. But then, caller grounds began to surface. The archetypal portion successful the signifier of a letter.

Lyle Menendez: Just benignant of retired of the blue, 1 of, uh—my father's sister recovered a missive successful storage.

Appellate lawyer Cliff Gardner says the missive was written by Erik Menendez to his cousin, Andy Cano, successful December 1988, astir 8 months earlier the crime.

Natalie Morales: It's not dated, but you were capable to get a framework of notation of the timing of it based connected the contents of the letter, right?

Cliff Gardner: Exactly. … helium talks astir the Christmas party. We cognize the Christmas enactment that they enactment connected … was successful Christmas of '88. He talks astir hiring a caller tennis manager … There's a fig of things successful the missive that let america to authenticate erstwhile it was written.

And it's a peculiar conception of the missive that Gardner says is key.

Cliff Gardner: He says … "I've been trying to debar dad. It's inactive happening, Andy, but it's worse for maine now. … Every nighttime I enactment up reasoning helium mightiness travel in. … I'm acrophobic … He's crazy. He's warned maine a 100 times astir telling anyone, particularly Lyle."

Cliff Gardner: No 1 knew astir it astatine trial. … It was ne'er presented.

Remember, Andy Cano did attest astatine some trials. He said that Erik Menendez, astatine property 13, confided successful him that his dada had been touching him. Prosecutors suggested that Cano was lying.

ANDY CANO (in court): He explained to maine that these massages that his begetter was giving him were opening to hurt.

Natalie Morales: The missive is significant, why?

Cliff Gardner: Well, the state's presumption was that Andy was a liar. Andy was making it up. This shows that Andy wasn't making it up. … It's contemporaneous grounds from Erik to his cousin, Andy, astir what was happening.

But the missive was conscionable the beginning. More grounds has surfaced that Gardner says further supports Lyle and Erik Menendez's longstanding claims that they were sexually abused. A antheral named Roy Rossello has travel guardant claiming that helium was sexually abused by Jose Menendez, too.

Cliff Gardner: Roy … was a subordinate of the lad set Menudo, which was large successful the precocious '70s, mid-'80s.

Menudo originated successful Puerto Rico. The set is champion known for producing large sanction endowment similar vocalist Ricky Martin. The thought down the set was to support it perpetually young. Few of the performers remained successful the radical beyond the property of 16, alternatively being rotated retired for younger talent. It turns out, Jose Menendez had ties to the group.

Cliff Gardner: Jose Menendez … was moving astatine RCA astatine the clip and RCA signed Menudo to a signaling contract.

Jose Menendez, Edgardo Diaz and Menudo members

Former Menudo subordinate Roy Rossello, present 54, was not disposable for an interrogation with "48 Hours," but successful a sworn affidavit filed conscionable past year, helium claims helium went to Jose Menendez's location successful the early-80s astatine the absorption of the band's then-manager Edgardo Diaz. Rossello would person been betwixt 14 and 15 years aged astatine the time. He says helium drank "a solid of wine," past felt similar helium had "no control" implicit his body. He says Jose Menendez took him to a country and raped him. Rossello archetypal spoke publically astir the allegations successful a documentary.

ROY ROSSELLO (from Peacock documentary, translated from Spanish): I was successful unspeakable symptom for a week. I could hardly basal the pain. I couldn't adjacent move.

Rossello besides alleges that helium was sexually abused by Jose Menendez connected 2 different occasions, close earlier and close aft a show astatine Radio City Music Hall successful New York.

Cliff Gardner: I met Roy and helium talked to maine astir it. … it was a hard speech for him. And it was hard for maine to perceive … but I thought Roy was credible … It tin instrumentality years for radical to admit what happened to person the courageousness to travel forward.

Lyle Menendez: When I archetypal heard astir it … I — I cried. … For me, it was precise meaningful to conscionable person things travel retired that caused radical to truly realize, OK … astatine slightest this portion of what it's astir is true.

Lyle Menendez says helium remembers Menudo set members coming implicit to the household location erstwhile they lived successful New Jersey, earlier moving to Beverly Hills. He does not callback Rossello specifically.

Natalie Morales: What bash you retrieve astir the Menudo set members going to your home?

Lyle Menendez: Only that my begetter had immoderate intimate engagement with that peculiar group. … He usually would not person excessively overmuch engagement with groups different than negotiations. But with Menudo and Edgardo Diaz … helium traveled with them. … He went to their concerts. He stayed successful hotels that they stayed at.

Lyle Menendez says helium didn't deliberation overmuch of it— until rumors began surfacing towards the extremity of helium and his brothers' archetypal trial.

Lyle Menendez: People successful the manufacture were talking astir that possibly thing had happened … due to the fact that determination was a enactment ungraded successful the group.

Rossello, on with different erstwhile Menudo members, person agelong accused Edgardo Diaz — the band's one-time manager— of intersexual abuse. Diaz has ever denied the allegations and nary charges person been filed against him. The Los Angeles Police Department precocious investigated a circumstantial incidental successful which Rossello alleged Diaz raped him astatine this edifice successful the 1980s. The L.A. County D.A.'s bureau is present reviewing the case. But what does this caller grounds mean successful presumption of Lyle and Erik Menendez's case?

Cliff Gardner: The value of the caller evidence, you person to look backmost and recognize what the state's presumption was astatine the 2nd trial. The state's presumption was that the intersexual maltreatment ne'er happened. … And the state's presumption arsenic to Jose Menendez was helium wasn't the benignant of idiosyncratic who would molest a young boy. This caller grounds takes some those arguments and undercuts them wholly …

Gardner has filed a habeas petition asking that his clients' convictions beryllium vacated.

Cliff Gardner: The boys were abused arsenic children. They were abused their full life. … and this is simply a manslaughter case, not a execution case. It's conscionable that simple.

And if they were convicted of manslaughter, they would person received a overmuch shorter condemnation and been retired a agelong clip ago. But volition a justice bargain Gardner's argument?

Jackie Lacey: It is … very, precise imaginable that … Jose Menendez was a kid molester. … But you don't get to execution him and his woman successful acold blood.

COULD THERE BE ANOTHER TRIAL FOR THE MENENDEZ BROTHERS?

After lawyer Cliff Gardner filed the habeas petition successful May 2023 asking that Lyle and Erik Menendez's convictions beryllium vacated, it turned into a waiting crippled for a justice to rule. "48 Hours" asked erstwhile D.A. Jackie Lacey what she makes of the caller evidence, starting with that missive – the 1 that appears to person been written by Erik Menendez to his relative Andy Cano months earlier the crime.

Jackie Lacey: The absorbing happening astir the missive is that … determination are lone 2 radical who tin authenticate it. … Andy Cano … and Erik Menendez.

Andy Cano died successful 2003. And Lacey points retired that helium ne'er mentioned the missive erstwhile helium testified.

Jackie Lacey: You would deliberation … erstwhile Andy was connected the basal twice, he'd person brought that up. And, ohio yeah. He told maine astir it recently. And here's the letter.

Natalie Morales: The timing of that letter, though, you are capable to benignant of pin down due to the fact that you know, it was the holidays, due to the fact that helium writes astir his Christmas plans.

Jackie Lacey: But Natalie, look astatine it different way. … You could see those details and get that missive unneurotic … aft they were caught. … This missive for each we cognize could person been written by Erik Menendez … soon aft the murder, fixed to Cano and Cano whitethorn person gotten acold feet astir it and not submitted it.

But Gardner argues the caller grounds is sound. He says the crushed the missive was not brought up astatine proceedings is apt due to the fact that Erik Menendez and Andy Cano forgot astir it.

Cliff Gardner: If you look astatine the letter, it's not conscionable astir what Jose's been doing. It's astir each sorts of different things … it was conscionable 1 of galore letters that they wrote to each other. … There truly shouldn't beryllium immoderate uncertainty astir the authenticity of the letter.

And arsenic for Roy Rossello, the erstwhile Menudo set member?

Natalie Morales: Can you discount his claims altogether?

Jackie Lacey: No … I deliberation what the justice has to measurement and see is: is this recently discovered grounds that would've changed the verdict?

And Lacey says she does not judge it would have.

Jackie Lacey: They're inactive stuck with the readying … the cover-up, the wealth that they spent afterwards. … I deliberation that you could reason … the intersexual maltreatment occurred … On the different hand, astatine the infinitesimal these men are driving down to San Diego, paying for … the execution weapons, coming backmost and waiting for an opportune clip to spell successful and termination their parents, the molestation is not occurring close then. … I bash not judge that astatine the clip they murdered them, that they were successful information astatine that peculiar infinitesimal of being murdered by those people. I deliberation they hated them. They mightiness person had a bully crushed to hatred them. … But we can't condone vigilantism. … When you calmly and logically looked astatine the facts surrounding the killing, it's a murder.

But Gardner believes the caller grounds would person made a quality to the jurors. He says grounds of maltreatment tin mitigate a crime— and that's wherefore prosecutors fought truthful hard to support it retired of the 2nd trial.

Cliff Gardner: Sexual abuse, carnal maltreatment is applicable to your authorities of mind. And authorities of caput is the cardinal successful determining whether thing is execution oregon whether thing is manslaughter.

Cliff Gardner: What this grounds does, is … it puts you backmost successful the concern that they were successful with the archetypal trial, that determination was corroboration for the abuse.

And successful the archetypal trial, remember, 2 juries were divided implicit whether the brothers should person been convicted of execution oregon manslaughter. Gardner thinks this caller evidence, combined with that of the archetypal trial, rules retired execution entirely.

Cliff Gardner: My anticipation successful the lawsuit is that the justice volition recognize that this caller grounds is so credible and persuasive, and he'll vacate the convictions.

If that happens, it would beryllium up to the Los Angeles County District Attorney's Office whether to retry the case. In a statement, the District Attorney's Office said it is investigating the claims made successful the habeas petition. Alan Andersen wants to spot his cousins released.

Alan Andersen: What I would accidental to the prosecutor, oregon the justice would be, delight look astatine each of the grounds … they are speaking the information … They shouldn't beryllium successful determination arsenic agelong arsenic they've been.

But still, Kitty Menendez's brother, Milton Andersen, feels conscionable the opposite. He says helium doesn't judge the caller grounds is credible.

Milton Andersen: I don't deliberation it's evidence.

And helium wants his nephews to enactment put.

Milton Andersen: I deliberation they should dice of aged property successful situation … I loved my sister, and I protected her successful life, and I volition emotion my sister and support her successful her death.

Lyle Menendez says helium understands his uncle's pain.

Lyle Menendez: Part of my remorse is for the symptom I caused to radical similar him.

As they await a judge's decision, Lyle and Erik Menendez, who reside successful the aforesaid situation since 2018, are focused connected rehabilitation and continuing their education.

Lyle Menendez: I link with different prisoners that person enactment maltreatment histories, enactment with them.

Both brothers are joined to women extracurricular prison.

Lyle Menendez: I deliberation it has made a immense quality to person emotion and enactment similar that … I effort not to beryllium defined by that 1 night. It's benignant of a lifelong travel not to beryllium defined by that 1 night.

CASE UPDATE: In May 2025, the brothers were resentenced to 50 years to beingness with the anticipation of parole. Due to that resentencing, they are present eligible for parole hearings nether younker offender parole laws. In August 2025, the brothers' archetypal bids for parole were denied. The brothers are inactive awaiting a determination connected their habeas petition, though Los Angeles District Attorney Nathan Hochman has urged a justice to contradict it. It is unclear erstwhile a ruling successful the lawsuit volition beryllium made.

"48 HOURS" POST MORTEM PODCAST

Listen arsenic big Anne-Marie Green, Natalie Morales and "48 Hours" coordinating shaper Alicia Tejada sermon what's changed since the Menendez brothers' archetypal trials and the caller grounds that whitethorn acceptable them escaped aft being down bars for implicit 3 decades.

Produced by Stephanie Slifer and Chuck Stevenson. Alicia Tejada is the coordinating producer. Michelle Fanucci and Anthony Venditti are the improvement producers. Chelsea Narvaez is the subordinate producer. Ken Blum, Marlon Disla and Diana Modica are the editors. Lourdes Aguiar is the elder producer. Nancy Kramer is the enforcement editor. Judy Tygard is the enforcement producer.

Natalie Morales

Natalie Morales is simply a CBS News analogous and "48 Hours" contributor based successful Los Angeles.

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