“If these were the Menendez sisters, they wouldn’t be in custody,” said Anna Maria Baralt, Jose Menendez’s niece, during a packed news conference. “We have evolved.”
Ms. Baralt referred to the way that society and the justice system treated victims of sexual violence thirty years ago, which was also confirmed by prosecutors.
The brothers went on trial in 1993 and admitted shooting their parents with a shotgun, but argued it was in self-defense after years of emotional, physical and sexual abuse from their father.
Prosecutors argued that the brothers methodically planned the murder of their parents – while watching television – so that they could inherit their multi-million dollar fortune.
The case went back to trial when the jury deadlocked.
During the second trial in 1995, most of the evidence relating to the alleged sexual abuse was not allowed to be presented. A jury found both brothers guilty of first-degree murder and sentenced them to life in prison without the possibility of parole.
Since a series depicting the events was released on Netflix in September, public interest in the murders has increased again. And new possible evidence – an alleged letter sent by Erik to another family member detailing sexual abuse by his father.
On Wednesday afternoon, other family members helped Kitty Menendez’s sister, Joan Anderson VanderMolen, to the podium to face throngs of media and a handful of supporters. At the age of 92, she stated that her nephews’ actions were “tragic”.
“They were just children” who were “brutalized in the most horrific way.”
When they went on trial, she argued, “the whole world was not ready to believe that boys could be raped or that young men could become victims of sexual violence.”
But today “we know better” and “a jury today would never render such a harsh verdict.”
But Kitty Menendez’s brother’s lawyer, Milton Andersen, said: ‘The Menendez brothers’ cold-blooded actions shattered their family and left a trail of grief that has lasted for decades.
“Jose was shot six times and Kitty was shot ten times, including being shot in the face when Erik reloaded.”
Andersen believes his nephews should remain in prison for their “heinous act,” attorney Kathy Cady said.
Earlier this month, Los Angeles County District Attorney George Gascón held a press conference announcing that his office was re-examining the case and considering one of two scenarios: expressing regret to the brothers or reconsidering their case. His office’s findings and decision are expected to be announced at a hearing in late November
Mr. Gascón’s office issued a statement Wednesday evening saying that while prosecutors cannot comment publicly on the case, “please know that our office is committed to a thorough and fair trial and is exploring all options available to it to ensure justice.”
The family is asking Mr. Gascón to recommend that they be sentenced to prison – an option that could lead to their release if the judge approves the order.