What You Don't Know About the Infamous Menendez Brothers Case

If we truly believe in justice & due process, then you'll want to read this story and sign the petition to demand it also apply to the Menendez brothers—here's why

I was advised against writing this piece because it would be “too controversial.”

But if there’s one thing I’ve learned in my decades as a human rights lawyer, its that upholding justice isn’t a popularity contest, its a principle obligation. That’s why at the end of this piece I’m going to ask you to take action to uphold justice, and sign a petition calling on Los Angeles District Attorney Hochman to recommend new sentencing and possibly a new trial for the Menendez brothers. But don’t just take my word for it—let me make the case and convince you that this is what justice calls us to do. Let’s Address this.

The Menendez Brothers

The Menendez Brothers’ murder trial captivated the nation in the 1990s. Two young men accused—and later convicted—of killing their parents in cold blood. The case seemed open and shut, the kind that the media sensationalized, reducing real lives and real trauma to tabloid headlines.

But my job as a human rights lawyer is not to play favorites or tip the scales. My job is to be fiercely committed to justice and due process of law—especially in the most difficult cases. Because if we cannot uphold justice in the hardest cases, then justice means nothing. Worse, we forfeit the right to demand it in any case.

This is not about claiming the Menendez brothers are innocent. It is about recognizing that the justice system is required to follow its own rules, and in this case, it demonstrably broke its own rules. That should be intolerable to all of us.

Here’s what went wrong, and what demands correction.

A Legal System Built to Ignore Male Abuse Survivors

For decades, the Menendez brothers have maintained that they killed their parents after years of horrific abuse at the hands of their father, Jose Menendez. But in the 1990s, society was unwilling to acknowledge that men—especially young boys—could be victims of sexual abuse. That ignorance infected their trials from the very beginning. For example:

• The first prosecutor in the case told the jury that men “can’t be raped” because they “don’t have the right equipment.” That was the mentality the Menendez brothers were up against. That was the justice system at the time—one that denied male victims any recognition or protection. Today we know the painful fact that approximately one in six boys are sexually abused before the age of 16.¹ The jury in the first trial was denied this information.

• The second trial wasn’t fair either. In that trial, the DA’s office made sure the jury never saw critical evidence—medical records, family testimonies, and even an essay Lyle wrote as a child about a father killing his son’s abuser. Erik Menendez wrote a letter to his cousin months before the murders, detailing the ongoing abuse and his mother’s failure to intervene. The jury never saw that letter. The jury had no idea of the harm the boys lived through for decades, nor how long their pleas for help went ignored, nor the impact of trauma that the abuse they suffered had on them. We now know that the PTSD caused by childhood sexual abuse can fundamentally impair a person’s ability to function normally, and lead to destructive behaviors as a result.² Again, the jury in the second trial was made aware of none of these realities the Menendez brothers suffered through.

• Both juries were also kept in the dark about the family’s “hallway rule” in the Menendez home. This rule was one that forbade anyone from walking down the hall when Jose Menendez (the abusive father) had one of the boys in a room. The unspoken implication was that Jose was abusing one of the boys, and to leave him alone. Jose would inevitably return after some time to report that [the boy he was abusing] was not feeling well any longer, and would spend the rest of the night in his room, alone.

• Likewise, we now have new corroborating evidence of the abusive acts of Jose Menendez. Former Menudo band member Roy Rosello has come forward with his own testimony—sharing that he, too, was abused by Jose Menendez. The story that Erik and Lyle told about their father is no longer just their story. For those who insist on asking, “why don’t abuse survivors speak up?” Much of it has to do with the fact that they are rarely believed. According to the Rape, Abuse, and Incest National Network, only 3 out of 100 rapists will ever actually go to prison.³ The other 97 will walk free.

The Menendez brothers spoke up right away, and they were not believed. Roy Rosello now speaks up decades later, and he risks facing ridicule and questions about why he waited so long? It seems abuse survivors are caught in a catch-22, where they are not believed if they speak up right away, or mocked for waiting too long if they wait to speak up. By demanding a new sentencing and fair hearing, we have a chance to break that stigma and actually believe abuse survivors because it is the right and just thing to do.

The Fight for a Fair Hearing

Under California law, the Menendez case should be reconsidered under modern standards for abuse survivors. That’s not an opinion—it’s the law. But we are short on time. The resentencing hearing is set for March 20-21. DA Hochman’s recommendation carries significant weight, but there’s already cause for concern.

When Hochman first took office, he made it a priority to convince the public that the Menendez brothers received a fair trial in the 1990s—that society back then understood male abuse survivors just as well as we do today. That is a demonstrable lie. Now, Hochman is implying that Erik deserves a reduced sentence but not Lyle—despite the fact that these two young men endured the same abuse, trauma, and fear together.

What’s more, dozens of members of the Menendez family are also calling on Hochman to recommend a new sentence—one that accounts for the abuse the brothers suffered, the denial of critical evidence in their trial, and the additional testimony of abuse survivors who also suffered at the hands of Jose Menendez.

And the brothers themselves? They have spent decades in prison becoming what corrections officers themselves admit are model citizens. They have acknowledged what they did was wrong. They have made amends with family members. They have dedicated themselves to education, rehabilitation, and mentoring other inmates. In every measurable way, they have done the hard work to become better people.

Despite all of this, Erik and Lyle remain behind bars, serving life sentences without parole—a punishment that never took into account the full truth of their story.

Justice Requires Us to Act

I hope I’ve made my case and convinced you to sign the petition below, seeking Justice for Erik and Lyle. The bottom line is this. The Menendez case is not just about two brothers. It is about whether our justice system truly applies to everyone—or if it only applies when it’s convenient?

We cannot trust the system to do the right thing unless we demand it. Due process means nothing if we allow courts to ignore evidence, silence victims, and operate under outdated, prejudiced assumptions.

The Menendez brothers deserve a fair hearing. Not because of sympathy. Not because of public opinion. Not even because the Menendez family has forgiven them.

But because justice demands it.

Join the fight, add your name to the petition—not because you believe the Menendez brothers are innocent—but because you believe in a justice system that applies equally to every person regardless of their innocence or guilt.

#JusticeForErikAndLyle

1. https://preventchildabuse.org/images/docs/sexualabuseofboys.pdf

2. https://ppimhs.org/newspost/understanding-the-psychological-impact-of-sexual-assault-from-immediate-to-long-term-effects/

3. https://rainn.org/newsletters/03-2012/march-newsletter-version-1.html