48 Hours - Post Mortem | The Menendez Brothers’ Fight for Freedom

Episode Date: March 5, 2024

The 48 Hours team is diving into one of the most notorious cases from the 1990s, the Menendez brothers case. Join correspondent Natalie Morales and Coordinating producer Alicia Tejada as they talk about what’s changed since the brothers’ first trials and the new evidence that may set them free after being behind bars for over three decades.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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wherever you get your podcasts. Welcome to Postmortem. I'm your host, Anne-Marie Green. Now, throughout the 90s, notorious murder cases gripped the nation. There was serial killer Jeffrey Dahmer, the unsolved murder of JonBenet Ramsey, the O. There was a serial killer Jeffrey Dahmer, the unsolved murder of JonBenet Ramsey, the O.J. Simpson trial. But among these shocking cases was a pair of brothers who admitted to killing their parents. It's the story of the Menendez brothers. They've been behind bars

now for over three decades, but could new evidence result in the reopening of the case of Lyle and Eric Menendez? With me today are CBS News correspondent Natalie Morales and coordinating producer Alicia Tejada. Welcome, guys. Good to be with you, Anne-Marie. Thank you. This was a blockbuster case in the 90s, Natalie. Yes. Well, yeah, if you were around in the late 80s, early 90s, and I was, I mean, you were watching this case. You were talking about this case.

It grabbed all the headlines. Let me take you back, though, to the beginning. And it goes back to the night of August 20th, 1989, the night Eric and Lyle Menendez gunned their parents down in the den of their Beverly Hills, California mansion. At the time, the brothers, Eric was 18, Lyle 21. Their father, Jose Menendez, was a well-to-do entertainment executive, shot in the head from point-blank range. Their mother, Kitty, was shot multiple times. The brothers' first trial broadcast on Court TV in 1993. It was gavel-to-gavel coverage. It became a national sensation. And the question was not, did they do it? They admitted to killing

their parents. It really became, at the trial, why they did it. They claimed self-defense, citing years of abuse at the hands of their mother and father. The brothers were tried together, separate juries, though, deciding their fate. Both, though, in that first trial, deadlocked between murder and manslaughter convictions. The second time around, the prosecutors attacked the brothers' abuse allegations more aggressively. The number of witnesses allowed to testify were reduced substantially. The jury convicted the two brothers. Two counts each of first-degree murder and conspiracy to commit murder. In 1996, they were sentenced to life in prison without parole. So the Menendez brothers have been in prison almost 27 years, but it's been 34 years since they've been arrested. But now the case is back in the spotlight because there is new evidence

and a habeas petition to try to vacate their convictions. So this wasn't just a national story. It was an international story because I'm living up there in Canada and I remember being drawn in by it. Part of it had to do with the two brothers. They're good looking. They're living a life that is the envy of so many people. And then the narrative was, but they just wanted more. So you couldn't help but to be drawn in by the opportunity to look behind the scenes at what it was like in Beverly Hills. And hey, all those rich people, they're not so happy after all. And it's interesting that you said it's an international case. Jose Menendez was Cuban and was known to be very outspoken about Cuban politics in Miami.

So this was very popular amongst the Latin community as well. Yes. And as you said, this case, though, it happened in Beverly Hills. I think what really grabbed people's attention was this is a wealthy neighborhood. It's not known for violent crime. The former Los Angeles district attorney who we talked to in the hour, Jackie Lacey, crime. The former Los Angeles district attorney who we talked to in the hour, Jackie Lacey, she described these murders being so brutal by these two very privileged young men. There they are in their polo sweaters and their Oxford shirts, and they do appear to have everything. But as we hear at the trial and as their story unfolds and what they tell us is emotional abuse and physical and sexual abuse that they were enduring at the hands of both their mother and father was so horrendous and awful. And that's where this case really now, in hindsight, we can look at this case in this lens now.

We look at it much more differently. this lens now, we look at it much more differently. We can understand, especially men as victims of sex abuse and sex crimes in a much more different way. Yeah, culturally, we were very different, particularly around our sensitivity to sexual abuse. And also what was happening at that time was there was this expansion of news coverage, right? We had CNN, we had Court TV. And so we were really able to watch these cases unfold in a way that we never had before. And so these cases kind of seeped into the culture as well, like part of the pop culture,

our conversations at the water cooler. Everyone remembers watching O.J. Simpson. You remember exactly where you were when the verdict came down. And this was another case like that. In fact, Saturday Night Live, that late night sketch comedy show on NBC, even did a skit on it.

I want to play that. Let me ask you once again. Is it your testimony that you and your brother Eric, in fact, had nothing to do with the murder of your parents, Jose and Kitty Menendez? That's correct. Then can you tell the court who did murder your parents? Our other two brothers, Danny Menendez and jose menendez jr what's happening in this scene and part of the reason that the audience is laughing

at the end is because the actor playing lyle menendez is sobbing he's sort of bent over, acting, pretending to cry. In real life, Lyle was on the stand talking about horrendous sexual abuse that he had endured, and he was crying. He was sobbing, but that was fodder for humor at that time. Yeah, it was very emotional, that testimony, and it's interesting to hear that clip now. And it almost kind of makes your skin crawl now with the sensitivities that we have to sex abuse victims. The prosecution coined what the brothers were saying as the abuse excuse. And they were ridiculed. They were mocked at the time, particularly in the second trial.

And this became a crux of their argument, according to the prosecution. So I talked about how sort of what was new media back then drew us into this case, right? And now there's social media. That has helped to renew interest in this case. Right. People are starting to look at this differently. new interest in this case. Right. People are starting to look at this differently. If you go to YouTube, there's several sitcoms from the 90s that were making fun of the Menendez brothers. And now social media, especially the TikTok community, is very outspoken about this case. So I think society is seeing abuse victims very differently now, and especially male abuse victims.

Yeah, I guess for younger people, this is all brand new. Right. A lot of these social media users have watched the trial. The trial is on YouTube, and they're reacting to the brothers' testimonies. It's one thing, though, to have a new point of view. But Anne-Marie, the reason why now, what is new in this case? And there is now new evidence and new information that is coming to light. And that's why we're taking a look in this 48 hours again. And let's begin with first a letter that the brothers' attorney, Cliff Gardner, has brought to our attention. The defense said, Eric wrote a letter to his cousin, Andy, in the months before the murder. Andy died in 2003, but this letter was written in the months before the murder of the

Menendez parents. And the letter reads in part, I've been trying to avoid dad. It's still happening, Andy, but it's worse for me now. Every night I stay up thinking that he might come in. I'm afraid. This letter is such a key piece of evidence, according to the Menendez attorney. Cliff Gardner says this is contemporaneous proof that supports, once again, that the brothers were telling the truth, that the abuse was happening. We've seen cases of abuse before where it seems like the victim should be able to get out of it, should be able to leave, but instead the victim chooses murder. The Gypsy Rose Blanchard case is probably the most recent case to sort of really make the headlines. And she was just released from prison.

Gypsy Rose pled guilty to second degree murder. Her boyfriend stabbed her mom to death and she was part of the planning in that murder. It was later theorized that her mother suffered from Munchausen by proxy. So Gypsy endured many years of abuse in order for her mother to maintain the image that she was a very sick child. She says she wanted to escape from her situation, not necessarily kill her mother, but that's what ended up happening. She says that she thought that running away would make things worse. So this is similar to what the Menendez brothers claim in that they didn't see another way out, that it was a fight or flight typepsy Rose case and saying, well, she served her time. Perhaps the Menendez brothers have served their time as well. I think the other thing that's really interesting about this case is the way the brothers were portrayed in the media, right, particularly after the murders. So right after the murders, the brothers spent a significant amount of money. They bought Rolex watches, cars, Lyle invested in a business. So that's why the prosecution said this was murder out of greed. And like Jackie Lacey, who we interviewed in our hour, said they wanted to spend the money the way they wanted to spend the money. So part of something that came up recently in the past few years was an NBA trading card. And it appears as though

Lyle and Eric are sitting courtside at a New York Knicks game. And this would have been taken in between the time they committed the murders and before their arrest. In 2014, Laura Heavlin was in her home in Tennessee when she received a call from California. Her daughter, Erin Corwin, was missing. California. Her daughter, Erin Corwin, was missing. The young wife of a Marine had moved to the California desert to a remote base near Joshua Tree National Park. They have to alert the military, and when they do, the NCIS gets involved. From CBS Studios and CBS News, this is 48 Hours NCIS. Listen to 48 Hours NCIS ad-free starting October 29th on Amazon Music.

hours NCIS ad-free starting October 29th on Amazon Music. In the Pacific Ocean, halfway between Peru and New Zealand, lies a tiny volcanic island. It's a little-known British territory called Pitcairn, and it harbored a deep, dark scandal. There wouldn't be a girl on Pitcairn once they reach the age of 10 that would still have heard it. It just happens to all of them. I'm journalist Luke Jones, and for almost two years, I've been investigating a shocking story that has left deep scars on generations of women and girls from Pitcairn.

When there's nobody watching, nobody going to report it, people will get away with what they can get away with. In the Pitcairn Trials, I'll be uncovering a story of abuse and the fight for justice that has brought a unique, lonely Pacific island to the brink of extinction. Listen to the Pitcairn Trials exclusively on Wondery+. Join Wondery in the Wondery app, Apple Podcasts or Spotify. exclusively on Wondery Plus.

Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. This was such a well-known case, and the images of these two young men, I mean, I could still remember exactly what they looked like. What was it like to interview Lyle all these years later? Yeah, it was very enlightening. Lyle is now a 56-year-old man. He speaks as somebody who has done a lot of therapy and is somebody who speaks with a lot of self-reflection. He also is somebody who works with a lot of sex abuse victims in prison.

That's part of the work that he likes to do now. And he does have a lot of regrets. And he talks about that at length all these years later. It's still very emotional for him to talk about what happened on that night and the events leading up to what happened to his parents. Alicia, did you try to speak with Eric? We did ask Lyle if Eric would speak to us. Lyle says that this is very traumatic for them to speak about, and it's very exhausting. And he chose to just speak to us himself and speak on Eric's behalf as well. Do they have a relationship? Because I know sometimes when people are involved in a crime together,

authorities do not let them stay connected. So they do. When they were initially convicted, they were sent to separate prisons. So they were separated for several years. And they were reunited a few years ago, and they actually share cells right next to each other. So they see each other every day. Wow. That must mean a lot for both of them. When he spoke about that reunion with his brother and how they were given a moment to embrace and just have a solo moment with each other after being separated for so many years.

Lyle was very emotional. I can imagine. For the hour, you interviewed two family members of the Menendez brothers, and they had very different opinions on the convictions. Do you know how this case has impacted the Menendez family? Oh, yes. I mean, it's completely shattered the families. Do you know how this case has impacted the Menendez family? deserve to be locked up for life, and they deserve to die in prison. And then we have cousins who feel that they have served their time and that they deserve to be free, that they have done the

time, they've done their penance, and that they've gone through enough. In The Hour, you incorporated Dr. Judy Ho's expertise about childhood sex abuse trauma. And I thought she really did an excellent job discussing sexual trauma. But can you share just how you decided that it was important to include an expert voice who doesn't have anything to do with the case directly, but to add to this hour? Dr. Judy Ho is a clinical forensic neuropsychologist, also a professor at Pepperdine University. She specializes in child abuse, but she also specializes in evaluating the minds of criminals and alleged criminals. So we thought, this is our expert. So she reviewed the case and she gave us her analysis. She's also really good at being able to talk about what happens in the brain, for example, with childhood sex abuse victims and how brains can be rewired and how the Menendez brothers were 18 and 21-year-old young men. Why couldn't they just

pick up and leave? The reality, according to Dr. Ho, is those who have endured that kind of abuse still feel like that control never goes away. And it's not going to go away until that person who is controlling goes away. And that's perhaps what contributed to the Menendez brothers killing their parents. Yeah, when listening to Dr. Judy Ho, I just kept on thinking, my, how far we have come in society when it comes to understanding the trauma, the enduring trauma of sexual abuse. But I also thought we still have much further to go. And in the hour, I think it's the doctor that kind of points out that there's still less sympathy for male victims. Which brings me to Roy Rosello. He's come forward to say that he was sexually abused and raped by Jose Menendez.

He spoke about this for the very first time in the Peacock documentary, Menendez plus Menudo, Boys Betrayed. Do you know why Roy Rosello finally came forward, why he decided to talk about this? Roy Rosello is a former member of the boy band Menudo, which was big back in the 80s. Back then, Jose Menendez worked as an executive for RCA Records, and RCA signed Menudo to a recording contract. Rossello, along with other

former Menudo members, have long accused Edgardo Diaz, the band's one-time manager, of sexual abuse. Diaz has always denied the allegations and no charges have been filed against him. But two journalists, Robert Rand and Nery Inklan, began investigating whether Jose Menendez was somehow tied to the alleged sex scandal within Menudo. They ended up interviewing

Rossello and produced that Peacock documentary that you mentioned. And the significance of Roy Rossello coming forward, according to Cliff Gardner, who is one of the brothers' defense attorney, is that during the second trial, the prosecution said there is no evidence that Jose Menendez was a child abuser. There's no evidence of him ever abusing any children, and he was a restrained man. And so Cliff Gardner says, now we have evidence that Jose Menendez was a child abuser, according to Roy Rosello. So this is significant new evidence, all the evidence that we have talked about. What is next for the Menendez brothers then?

Right now, we're waiting for the Los Angeles County District Attorney's Office to respond to the habeas petition with their own court filing. We've reached out to the District Attorney's Office. They're investigating the claims made in that habeas petition, and it will come down to whether or not a judge is going to decide whether the convictions will be vacated. If they are, then it's going to be up to the District Attorney's Office as to whether or not they want to retry the case. But that's a lot. It's a lot to be decided.

It is a lot. Yes, and Cliff Gardner, the brothers' appellate attorney, hopes that the convictions will be overturned and that the brothers will walk free. He says the brothers killed in self-defense and they never should have been convicted of first-degree murder. He says that manslaughter was a more appropriate charge and had they been convicted of manslaughter, they would have been released from prison a long time ago. Well, this is another fascinating hour.

Once again, I thought I knew the story and there's so much more to it. That is all for this week's post-mortem. Natalie, Alicia, thank you so much. Thank you for having us. Join us next Tuesday, everyone, for another Postmortem. And watch 48 Hours, Saturdays, 10, 9 Central, on CBS, and of course, streaming on Paramount+. And if you are liking the show, please rate and review 48 Hours on Apple Podcasts and follow 48 Hours wherever you get your podcasts. And you can also listen ad-free on the Amazon Music and Wondery app or with a 48 Hours plus subscription on Apple Podcasts. If you like this podcast, you can listen ad-free

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