Menendez Brothers: Will They Ever Get Out Of Prison?

Erik and Lyle Menendez shocked in the nation in 1990 when Los Angeles Police listed them as "persons of interest" in their parents', Jose and Kitty Menendez, murder. On March 11, 1990, the police apprehended them and placed them in custody. The world watched as their defense worked to convince a jury of their peers they murdered them because of years of sexual abuse.

The trouble with their case is not everyone believed them. Some people still think they made up the abuse allegations to get away with murder. Their attorneys claimed they acted in fear and built their case around it. They call it "imperfect self defense," which means, as irrational as it seems to most, they acted in fear and believed their lives were in danger.

It didn't work for them. The first trial ended in a hung jury, which gave the men hope they would escape justice. The second trial convicted them of first degree murder, with a sentence of life with no parole. The judge ruled in the second trial, they couldn't reference any abuse claims. The whole defense case hinged on the sexual abuse.

TikTok Users Took Interest In The Case

Last year, TikTok hashtag #Menendezbrothers went viral. It currently has almost 800 million views. Users wanted to know why the brothers are still in prison. Generally, people felt sorry for them because of the abuse claims. They didn't see them as cold-blooded murderers, but two young adults protecting themselves from decades of sexual abuse.

The problem is the men aren't eligible for a new trial. To get a new trial, the offender must provide new evidence to the judge. That evidence should prove their innocence. They do not have any new evidence. They still claim they committed the murders to escape years of sexual abuse.

Unlike Scott Peterson, convicted of murdering his wife, Laci and unborn son, Conner, who petitioned the court for a new trial over alleged jury misconduct, the brothers don't have that option. Supposedly, his team discovered a jury member did not disclose she was a victim of domestic abuse while pregnant. They believe without her vote to convict, Peterson may have been acquitted. It could be enough to warrant a retrial. The Menendez brothers do not have evidence of any jury misconduct.

Erik and Lyle have exhausted all their appeals. They do not have any recourse to petition the court for another trial. They asked for a reduction in their sentence, a clemency, and the California governor denied their request.

A Pardon Is Their Only Way Out

The only way out for the men is a presidential pardon. It would be a longshot but it could happen. They have spent 30 years behind bars, and most people agree, they have more than paid for their crime.

Without a pardon, which would release them from prison immediately, they will never get out. They aren't eligible for parole, and they cannot be tried twice unless their legal team presents new evidence to court.

Erik confirmed in an interview in 2019, they do not have any new evidence in their case, so a new trial is not a possibility. They continue to ask for a governor issued clemency and the president for a pardon.

If the trial happened today, they would probably receive a lighter sentence, especially considering all the abuse allegations. At the very least, they would have a parole date, so they could work toward freedom.

Their prison psychiatrist testified in court, that while the men were 18 and 21 at the time of the murders, they mentally were between the ages of eight and 10. They couldn't imagine how they would survive without their parents, so leaving the home wasn't an option.

The therapist added that they told him there was a series of confrontations with their father in the days leading up to the murders, that made them fear for their lives. But none of this information is new, and cannot be considered for a new trial.

Tammi Menendez (married in 1999), Erik's wife, and her daughter are active on social media, working hard to look for a path for his freedom. They hope to bring him home one day, but at the same time, realistically know that may never happen.

President Trump was unwilling to consider a pardon for Erik or Lyle. Perhaps President Biden would consider it.

As for my opinion, I am torn. I believe if you do the crime, you must do the time. But these men have been in custody for over half their lives. They both express unmeasurable remorse for the murders. Maybe, it's time to let them go and enjoy what time they have left on the outside of prison walls.

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