Family of Menendez brothers dismiss prosecutor criticism and urge their release

The family of Erik and Lyle Menendez have rejected claims by a prosecutor that the brothers had not appropriately taken responsibility for the killing of their parents and said any lies they told during their murder trial were due to trauma and fear.

“Kids lie when they’re scared, when they feel intimidated, and when they become traumatised,” said Tamara Goodell, a cousin of the brothers who spoke on Thursday at a rally calling for the brothers’ release from prison.

“They lie when they don’t know who to trust. But they grow up, they learn, and they take responsibility.”

The family’s rally was supposed to coincide with a re-sentencing hearing for the brothers that could result in them being immediately eligible for parole after 35 years behind bars.

It was postponed to April after Los Angeles district attorney Nathan Hochman announced his office was withdrawing the re-sentencing motion previously submitted by his predecessor, George Gascon.

While it is possible for the judge to proceed without the district attorney’s support, legal experts say the brothers’ chances of success have diminished tremendously.

The brothers, who were 18 and 21 at the time in 1989, were convicted of murdering their mother Kitty and entertainment executive father Jose, and sentenced to life in prison without parole.

They began their latest bid for freedom in recent years after their lawyers said new evidence had emerged about their father’s sexual abuse. The brothers had the support of most of their extended family.

Mr Hochman said he does not support re-sentencing at this time because the brothers have failed to take “complete responsibility” for the lies they told as the case unfolded, including their original claim that they did not kill their parents and later that they acted in self-defence.

He has also cast doubt on new evidence of sexual abuse.

“They have lied to everyone for the last 30 years,” Mr Hochman said in a news conference last week.

Anamaria Baralt, a cousin of the brothers, said they have already taken responsibility and acknowledged their mistakes. The family has no intention on changing their position, and Ms Baralt said she hopes the brothers do not as well.

“We won’t let him rewrite history,” she said of Mr Hochman. “That would be pandering to his truth.”

Their remaining pathways to freedom include being granted clemency by California governor Gavin Newsom, or a habeas corpus petition for a new trial their lawyers submitted for court consideration in May 2023. Mr Hochman also opposes the habeas petition.

The high-profile murder in the Menendez family’s Beverly Hills home shocked the nation and drew extensive media coverage. It was a precursor to the OJ Simpson case and spurred countless TV shows, books and documentaries.

Around 50 supporters of the Menendez brothers marched with signs around the criminal justice centre, chanting: “What do we believe in? Second chances!”

The news conference and rally also drew the support of criminal justice organisations such as the Anti-Recidivism Coalition and Latino Justice.

“We should not throw people away,” said Michael Mendoza, criminal justice director for Latino Justice, who met Lyle Menendez when he was serving time in state prison. “We should not give up on our young people.”