D.A. Shares Letter Written by Erik Menendez Alleging Dad’s Sex Abuse as He Mulls Resentencing for Brothers

Los Angeles County DA George Gascón shared the letter he called "new evidence" in the case

Erik Menendez Lyle Menendez 2023 Mugshots
Lyle and Erik Menendez. Photo:

CDCR/MEGA

In 1993, the prosecutor in the first murder case against Lyle and Erik Menendez accused the brothers of fabricating stories about being sexually abused by their father in order to avoid being convicted of killing him and their mother in 1989.

But the year before the killings, in 1988, Erik Menendez allegedly wrote a letter to his cousin, Andy Cano, telling him about the torment he felt after years of alleged sexual abuse at the hands of his father, music executive Jose Menendez.

“I’ve been trying to avoid dad,” he wrote in the handwritten letter, which was previously published in news reports including PEOPLE.

“Its still happening Andy but its worse for me now,” he wrote. “I never know when its going to happen and its driving me crazy. Every night I stay up thinking he might come in.”

That letter wasn’t introduced as evidence in the brothers' 1993 trial, which ended in a deadlocked jury, or in their 1996 trial, which ended with first-degree murder convictions and life sentences without the possibility of parole for each of them.

On Sunday, Oct. 13, Los Angeles County District Attorney George Gascón publicly shared a screenshot of the letter he called “new evidence” in the case, CNN reports, noting that Gascón's post was later deleted.

Earlier this month, Gascón announced that he is reviewing new evidence as he decides whether to recommend to a judge that the brothers should be resentenced. Ultimately, a judge will have to approve any resentencing.

On Wednesday, Oct. 16, nearly two dozen of Lyle and Erik’s family members are holding a press conference in Los Angeles to push the district attorney to recommend resentencing.

The brothers’ attorney, Mark Geragos, and their relatives told ABC News they hope Lyle and Erik will be released from prison in time to celebrate the 93rd birthday of their aunt, Joan VanderMolen, this Thanksgiving.

The district attorney’s announcement about possibly reconsidering resentencing came after the brothers’ lawyers filed a habeas corpus petition last year — which included Erik's letter to Cano — asking to have the case reviewed.

From the start, the brothers’ attorneys acknowledged that Lyle and Erik killed their parents and argued for the lesser charge of manslaughter, given the abuse allegations.

Manslaughter was not an option during the second trial, their attorney, Mark Geragos, previously said, ABC News reports.

The brothers' attorneys have argued that if the letter had been shown during their trial, jurors may have come to a different conclusion.

If you or someone you know has been a victim of sexual abuse, text "STRENGTH" to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.

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