More than 30 years after Lyle and Erik Menendez were convicted of murdering their parents, the debate over their guilt or innocence continues. The renewed interest has been fueled by the release of Monsters: The Lyle and Erik Menendez Story.
After the murders of Mary Louise “Kitty” and Jose Menendez, the brothers went through two trials before ultimately being found guilty of first-degree murder. Recent legal developments have changed, however, as Erik and Lyle are now fighting to have their convictions reclassified as manslaughter.
As explored in Monster Season 2, they claimed at the time that they had suffered a lifetime of psychological, physical, and sexual abuse at the hands of their parents. Since then, new evidence has surfaced, leading true crime fans to believe they should be released.
But while many viewers of the new Netflix series may not believe they’re guilty of first-degree murder, how could an appeal in court play out? Dexerto spoke to a range of legal experts to gain more insight into the Menendez case.
Guilty or innocent? It’s a “gray area”
Attorney Scott Distasio, founder of Distasio Law Firm, explained that the concept of “guilt” or “innocence” is complex in these types of cases.
“The call for the conviction to be overturned is based on the idea that the brothers acted under duress and out of fear because of the alleged prolonged abuse, which could reduce the elements of premeditation and malice required for a charge of first-degree murder,” he told us.
First aidIn 1996, Erik and Lyle were found guilty of the murder of their parents Kitty and Jose
“If sufficient, legally admissible evidence comes to light supporting the allegations of abuse, it could prompt the courts to reconsider the case.”
But as mentioned, it is not necessarily a case of guilt or innocence. “This does not excuse the act, but it may explain the motive behind it, moving it from a clear case of murder to a gray area,” Distasio added.
While Mark Pierce, founder and CEO of Wyoming Trust & LLC Attorney, believes allegations of abuse supported by substantial evidence may trigger a retrial, it is important to “distinguish between justification and explanation of actions.”
“Abuse may explain the events leading up to the murderous act, but it does not automatically justify it,” he told us. “This distinction plays an important role in the likelihood of their convictions changing from premeditated murder to manslaughter.”
Ultimately, Distasio said any decisions made must be based on “a thorough examination of all available evidence – past, present and newly emerging.”
Compared to, say, Scott Peterson’s bid for a new trial, the Menendez case is unique in that many of those following the case believe the brothers should have their first-degree convictions overturned. But in court, it’s much more complex.
Manslaughter or murder?
Kalim Khan, senior partner at Affinitylawyers.ca, took a closer look at what must be present in a manslaughter charge.
“Under the law, manslaughter generally requires a showing that the defendant acted in a fit of passion or as a result of extreme emotional disturbance, as opposed to the premeditation required for first-degree murder,” he explained.
First aidThe option for manslaughter was blocked for the final trial
“If their legal team can show that the alleged abuse had a serious psychological impact that led to the killings, it is possible that a court could consider reducing the charges.
“However, revisiting old cases and changing convictions is rare and difficult to accomplish, especially after so many years.”
In the original trials, discussed in Monsters: The Lyle and Erik Menendez Story, there was evidence of premeditation, including Erik and Lyle’s purchase of shotguns and attempts to cover up their crimes.
Khan is not so sure their convictions for premeditated murder will be overturned, describing cases like this as “an uphill battle.”
“I believe that while the new allegations of abuse by their father raise questions about motive and psychological coercion, they do not completely exonerate the brothers from the clear evidence of planning and execution,” he concluded.
Why is this case so controversial?
Despite feedback from experts highlighting how difficult such cases are, the Menendez brothers’ conviction continues to stir controversy, with public opinion changing over the years.
CourtTVErik testifies in his first trial
Given the new evidence obtained following the brothers’ appeals and the change in the way abuse and mental health issues are viewed, there is a significant number of supporters who believe Erik and Lyle were driven to murder and should be released from prison.
Just look at any Reddit thread about the Menendez case and you’ll see dozens of comments expressing support for the brothers.
As one person said after reading the evidence of sexual abuse presented at the first trial: “Honestly, after reading that evidence, I’m pretty sure they were telling the truth all along and it makes me sick that I didn’t believe them before.”
There is also the argument that the brothers were victims of the system. At the time, the Los Angeles District Attorney’s Office had suffered a series of blunders, including the acquittal of OJ Simpson.
After the first two Menendez trials, there was fear that another jury would be indecisive or that the brothers would face the lesser charge of manslaughter. This is depicted in Monster Season 2, when defense attorney Leslie Abramson (Ari Graynor) says that the prosecution is “out for blood… they need a win and they need it now.”
Before the final trial, Judge Stanley Weisberg moved to block all expert testimony on the “abuse excuse” defense and to remove the manslaughter option from the case.
Critic Dahlia Schweitzer published a deep dive into the details of the case in 2018, writing: “Imperfect self-defense eliminates the element of malice, reducing the level of offense from murder to manslaughter. In trial number two, however, that was not an option.
CourtTVLyle takes over the witness examination in 1993
“Not only did Leslie Abramson fail to investigate allegations of abuse that, while not excusing the crime, could have explained it, but the associated reduced charges were also thrown out by Judge Weisberg.
“And so both Menendez brothers were sentenced to spend the rest of their lives in prison, victims of a justice system that inexplicably and questionably concealed relevant information.”
Hazel Thornton, a juror for Erik’s first trial, responded by saying the story was “preceded by decades of prosecutor-centric news reporting, documentaries, dramatizations and late-night parodies.
“Many now believe they should not have been convicted at all. If they had been convicted of manslaughter, and even without a day of deduction for good behavior (they have been exemplary prisoners and contributed greatly to their prison communities), they would have been released six years ago. #JusticeforErikandLyle.”
Legal processes are a challenge
However, the court and the public are two very different entities. As Jonathan Feniak, general counsel at LLC Attorney, puts it, “In light of the abuse allegations, it is challenging to conclude their innocence or guilt as to the charge of first-degree murder.
First aidThe brothers alleged that their parents abused them
“As a lawyer, I am guided by the principle of ‘innocent until proven guilty.’ If these allegations of abuse are substantiated with compelling evidence, it could indeed cast a shadow over the seemingly black-and-white case.
“It would potentially change the story from one of premeditated murder to one of tragic family dysfunction. However, it is important to distinguish between personal views and legal judgments, which are rooted in evidentiary standards and legal precedents.
“In essence, it would be a significant legal shock if their convictions were reduced to manslaughter, but it is not impossible if the evidence strongly supports their allegations of abuse.
“As for the question of guilt or innocence, in the law, as in many other areas of life, there can often be more gray areas than first appears.”
Times have changed since the first Menendez trials
However, there is still a chance that Erik and Lyle’s convictions could be changed if the abuse allegations are considered sufficient. This is largely due to the way the legal landscape has evolved since the 1990s.
First aidErik and his brother’s legal team fight their case
“I think there is absolutely a possibility that the case could be converted to manslaughter,” said Ben Michael, an attorney with M&A Criminal Defense Attorneys.
“Providing sufficient evidence is of course crucial here, and from everything I’ve heard and read, it seems that there is in fact quite a bit of evidence to support the allegations of abuse.”
Michael went on to say that it is more common today for expert testimony about the psychological impact to be taken seriously, compared to when the Menendez case was originally tried.
“Factors such as PTSD resulting from the abuse could be used to the Menendez brothers’ advantage and prove their case,” he concluded.
To learn more about the case, Monsters: The Lyle and Erik Menendez Story is streaming now on Netflix. If you’re familiar with the case or don’t mind spoilers, you can read our breakdown of the ending . And check out other TV shows streaming this month.
