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The Menendez brothers, who were convicted of killing their parents in their Beverly Hills mansion in 1989, will soon find out if they can be released from prison.

Lyle Menendez, 56, and his 53-year-old brother Erik are serving life in prison without parole for the shotgun murders of their father and mother – Jose and Kitty Menendez.

The brothers have maintained their parents abused them since they were first charged with the murders.

A Netflix drama series about the brothers called Monsters, which aired in September, thrust them back into the spotlight and led to renewed calls for their release – including from their family.

The brothers’ lawyers asked Los Angeles prosecutors to review their sentencing, potentially paving the way for their release.

A decision was expected in a resentencing hearing scheduled for 11 December last year, but it has been pushed back a number of times.

But what is the case for the brothers’ freedom, is there new evidence – and why has the decision been delayed?

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An old defence with new evidence

The Menendez brothers, who were 21 and 18 at the time their parents died, admitted shooting them before they were found guilty of first-degree murder and conspiracy to murder in 1996.

But they claim they killed them in self-defence after enduring physical, emotional and sexual abuse over many years, including being molested by their father.

Prosecutors at the time contended there was no evidence of any sexual abuse. They said the brothers were after their parents’ multimillion-dollar estate.

The jury in their first trial in 1993 was deadlocked before the jury in their second trial found them guilty, rejecting a death sentence in favour of life without parole.

Erik Menendez, left, and his brother, Lyle, sit in the courtroom, Sept. 1, 1992 in Beverly Hills, California as a judge scheduled an October 13 court session to set a date to begin their preliminary hearing. The brothers are accused of murdering their wealthy parents three years ago. (AP Photo/Nick Ut)
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Erik Menendez, left, and his brother, Lyle, sit in the courtroom in 1992. Pic: AP

But their lawyers argue that because of society’s changing views on sexual abuse, the brothers may not have been convicted of first-degree murder and sentenced to life without parole today.

They say they should have been charged with manslaughter rather than murder, but this was not an option for the jury during the second trial.

The brothers’ defence team has also uncovered a letter that Erik Menendez wrote to his cousin which is dated months before the murders, which they say alludes to him being abused by his father.

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LA district attorney (DA) George Gascon briefly shared the letter to his Instagram page before deleting the post.

In the handwritten letter, Erik wrote: “I’ve been trying to avoid dad… every night, I stay up thinking he might come in.”

He also said he was “afraid” and that he needed to “put it out of my mind” and “stop thinking about it”.

Roy Rossello, a former member of the band Menudo, also spoke out in the Peacock documentary series Menendez + Menudo: Boys Betrayed, alleging he was sexually assaulted by Jose Menendez as a teenager in the 1980s.

The band was signed under RCA Record at the time, where Jose Menendez was chief operating officer, and Mr Rossello claims he drugged and raped him.

How can they be freed?

Former LA district attorney George Gascon asked LA County Superior Court Judge Michael Jesic to review their convictions before he left the role in December.

He recommended giving them a revised sentence of 50 years to life, which would make them immediately eligible for youth parole because they were less than 26 years old when they killed their parents.

Joseph Lyle Menéndez and Erik Galen Menéndez. Pics: Richard J. Donovan Correctional Facility
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Joseph Lyle Menéndez and Erik Galen Menéndez. Pics: Richard J. Donovan Correctional Facility

The judge has been asked to look at whether the pair have been rehabilitated, based on their behaviour in prison.

A document filed by the lawyers highlights some of their achievements while behind bars, including both attaining several degrees and contributing to the community.

It lists a prison “beautification programme” Lyle Menendez started called GreenSpace as one example, and adds that both brothers have received low-risk assessment scores, with Lyle apparently not being involved in a single fight during his time in jail.

The lawyers have also submitted the letter Erik wrote to his cousin as new evidence, saying it was not seen by the jury when the brothers were sentenced in 1996 and could have influenced their decision.

Roy Rossello has also provided a signed declaration of his alleged rape by Jose Menendez to the brothers’ lawyers, which they say is further proof of his supposed abusive nature.

In a news conference, Mr Gascon clarified that the review was not to determine whether or not the brothers killed their parents, saying it was “factual” and “well established” they had.

He also said more than 300 people had been resentenced during his term as district attorney and only four had gone on to reoffend.

Why has the hearing been delayed?

Judge Jesic said it was partially because he needed time to review 17 boxes of documents relating to the case and was “not ready to go forward”.

But it’s also because the DA who recommended the review, Mr Gascon, has been replaced by Nathan Hochman, who took office on 2 December.

The judge said the delay was also to give Mr Hochman enough time to review and weigh in on the case.

The new DA, a Republican-turned-independent, has differing views to his predecessor Mr Gascon, a Democrat known for his particularly progressive views.

The trial was set for the end of January, but it was pushed back again to March due to the California wildfires.

Big changes since resentencing trial was set

LA’s previous DA Gascon called for the resentencing because he believed the brothers had been rehabilitated in prison, and felt their trial would have been treated differently with today’s understanding of how sexual and physical abuse affects children.

This gave the Menendez brothers hope, because when prosecutors support resentencing, there is “somewhat of a presumption” that the court will do it, says Laurie Levenson, a former federal prosecutor and professor of criminal law at Loyola Law School in Los Angeles.

But his successor, Mr Hochman, disagrees, saying earlier this month the brothers have repeatedly lied about why they killed their parents and “fell short” of taking full responsibility for their crimes.

He has opposed the resentencing, saying it’s because of their “lack of full insight and lack of complete responsibility for their murders”.

His office has submitted an 88-page document urging the judge to withdraw the previous DA’s resentencing motion.

It does not mean the resentencing is getting called off, but experts like Ms Levenson say it significantly reduces the likelihood of the judge ruling in the brothers’ favour.

Another potential road to freedom

In addition to a resentencing, the brothers have also sought their freedom through a request for clemency from California governor Gavin Newsom, who has the power to free them himself.

Mr Newsom, who supported Mr Gascon, ruled out making a decision until he has heard Mr Hochman’s views on the brothers’ case.

“The governor respects the role of the district attorney in ensuring justice is served and recognises that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” Mr Newsom’s office said in a statement on 25 November.

“The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

But even after Mr Hochman’s decision to push against the brothers’ freedom, their hopes of Mr Newsome granting clemency have not disappeared.

At the end of February, the governor ordered the state parole board to investigate whether the brothers would pose a risk to the public.

It was a move celebrated by the Menendez’s lawyers, who said in a statement: “The family realises that the governor’s action does not mean he will commute the sentences. Instead, this initial step reflects the governor’s considered decision to at least obtain the information required to make a fair decision as to whether Erik and Lyle, after 35 years in prison, have done the hard work necessary to have a chance at a life outside prison.”

Mr Newsom said he wants the parole board to finish the risk assessment within 90 days. Following the assessment, there will be a hearing allowing victims’ family members and prosecutors to participate in the process, according to the governor’s office.

Ms Levenson has suggested that because of the change at the DA’s office, clemency is now the brothers’ best shot at freedom.

What the Menendez family says

Some of the brothers’ extended relatives attended the hearing on 25 November where a resentencing date was originally set.

Family members of Erik and Lyle Menendez and their attorneys speak after hearing on 25 November. Pic: AP
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Family members of Erik and Lyle Menendez and their attorneys speak after hearing on 25 November. Pic: AP

Two of their aunts testified, making what a lawyer for the siblings described during a brief news conference as “impassioned pleas” for Erik and Lyle to be sent home.

Erik’s stepdaughter said their family remains united in their effort to bring the siblings home.

While the judge’s delay was not “the outcome we had hoped for,” she said in a statement, “we remain optimistic that it represents a step forward in securing their freedom”.

The brothers themselves were scheduled to make their first court appearance in years, but the remote feed from the San Diego prison where they are incarcerated was hampered by technical issues.

On 17 October, two dozen extended family members gathered for a news conference in Los Angeles.

Jose Menendez’s niece Anamaria Baralt spoke on their behalf, telling reporters: “Both sides of the family are united, sharing a new bond of hope.

“This is about truth, justice and healing… Their continued incarceration serves no rehabilitative purpose.”

Anamaria Baralt, niece of Jose Menendez, speaks as family members of Erik and Lyle Menendez, the Beverly Hills brothers convicted of killing their parents, hold a press conference at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, California, U.S., October 16, 2024. REUTERS/Mike Blake
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Anamaria Baralt speaks at the family’s news conference. Pic: Reuters

Ms Baralt said the brothers were victims of a “culture that was not ready to listen”, as she called on the district attorney’s office to “take into account the full picture”.

Joan Andersen VanderMolen, Kitty Menendez’s sister, also told reporters: “I had no idea the extent of the abuse they suffered at the hands of my brother-in-law. None of us did.

“We know that abuse has long effects, and victims of trauma sometimes act in ways that are very difficult to understand.”

Family not entirely united

Kitty Menendez’s brother, Milton Andersen, 90, has said “the appropriate sentence” for the pair was life in prison without parole.

His lawyer said: “He believes that there was no molestation that occurred. He believes that the motive was pure greed, because they had just learned that they were going to be taken out of the will.”

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The Salt Path author Raynor Winn’s fourth book delayed

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The Salt Path author Raynor Winn's fourth book delayed

The Salt Path author Raynor Winn’s fourth book has been delayed by her publisher.

It comes amid claims that the author lied about her story in her hit first book. Winn previously described the claims as “highly misleading” and called suggestions that her husband had Moth made up his illness “utterly vile”.

In a statement, Penguin Michael Joseph, said it had delayed the publication of Winn’s latest book On Winter Hill – which had been set for release 23 October.

The publisher said the decision had been made in light of “recent events, in particular intrusive conjecture around Moth’s health”, which it said had caused “considerable distress” to the author and her family.

“It is our priority to support the author at this time,” the publisher said.

“With this in mind, Penguin Michael Joseph, together with the author, has made the decision to delay the publication of On Winter Hill from this October.”

A new release date will be announced in due course, the publisher added.

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Winn’s first book, released in 2018, detailed the journey she and husband took along the South West Coast Path – familiarly known as The Salt Path – after they lost their family farm and Moth received a terminal health diagnosis of Corticobasal Degeneration (CBD).

But a report in The Observer disputed key aspects of the 2018 “true” story – which was recently turned into a film starring Jason Isaacs and Gillian Anderson.

Pic: Steve Tanner/Black Bear
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Raynor and husband Moth (centre) with actors Jason Isaacs (L) and Gillian Anderson (R). Pic: Steve Tanner/Black Bear

Experts ‘sceptical of health claims’

As part of the article, published last weekend, The Observer claimed to have spoken to experts who were “sceptical” about elements of Moth’s terminal diagnosis, such as a “lack of acute symptoms and his apparent ability to reverse them”.

In the ensuing controversy, PSPA, a charity that supports people with CBD, cut ties with the couple.

The Observer article also claimed the portrayal of a failed investment in a friend’s business wasn’t true, but said the couple – whose names are Sally and Tim Walker – lost their home after Raynor Winn embezzled money from her employer and had to borrow to pay it back and avoid police action.

Pic: Steve Tanner/Black Bear
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Anderson played Winn in a movie about the couple’s journey. Pic: Steve Tanner/Black Bear

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It also said that, rather than being homeless, the couple had owned a house in France since 2007.

Winn’s statement said the dispute with her employer wasn’t the reason the couple lost their home – but admitted she may have made “mistakes” while in the job.

“For me it was a pressured time,” she wrote. “It was also a time when mistakes were being made in the business. Any mistakes I made during the years in that office, I deeply regret, and I am truly sorry.”

She admitted being questioned by police but said she wasn’t charged.

The author also said accusations that Moth lied about having CBD/CBS were false and had “emotionally devastated” him.

“I have charted Moth’s condition with such a level of honesty, that this is the most unbearable of the allegations,” Winn wrote on her website.

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Oasis fans queue from 8am for the Gallaghers’ homecoming gig in Manchester

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Oasis fans queue from 8am for the Gallaghers' homecoming gig in Manchester

The first fan started queuing before 8am.

Heaton Park, just north of Manchester City centre, is tonight hosting 80,000 fans who’ve come to see the Gallaghers’ homecoming.

“I would honestly say it’s a real cultural moment of the 21st century,” says Sam, who’s from Manchester and has come here with a group of friends – including one who has travelled from Australia for the gig.

Oasis fans wear T-shirts featuring an image of Liam and Noel Gallagher.
PIc: Reuters
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Oasis fans wear band T-shirts with the almost obligatory bucket hats. Pic: Reuters

This will be the fourth time Sam has seen Oasis play, although obviously not for many years, and he says he can’t wait for the moment the band comes on to the stage.

“The reaction from the fans, that’s going to be really special,” he says. “This band means so much to the North West.”

Like many people attending tonight’s concert, Sam is wearing a bucket hat.

Liam Gallagher’s iconic headgear has become a part of the band’s cultural legacy and they are certainly on display here, with street vendors popping up all around the park’s perimeter.

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Another fan, Dean, tells me he feels incredibly lucky to have got a ticket at all.

“I had seven devices out when the tickets were released and I didn’t get one,” he says. “And then about three days ago, a friend of mine messaged to say she couldn’t make it.

“So I made it. £120 with coach travel there and back – perfect.”

Oasis Vox Pops
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Dom has flown from half a world away to be in Manchester tonight

Dom is another fan who has come from Australia for the gig.

“We’re frothing to be here, like so stoked,” he says, “The atmosphere is going to be electric.”

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A timeline of Britpop’s most successful band

One young couple are here on their honeymoon. From Italy, they met at a Liam Gallagher concert several years ago.

“It’s where we fell in love,” Claudia says. “And we got married last month so we wanted to be here to celebrate.”

Amanda, from Manchester, is also here with a loved one – well, sort of.

Oasis Vox Pops
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Amanda has found a way to make sure her son, who lives in Australia, is there in spirit

She’s wearing a paper cut-out mask of her 30-year-old son Harry’s face.

“He’s in Melbourne and got a ticket but then couldn’t come,” Amanda explains.

“And so Harry doesn’t feel left out,” she says pulling the mask down over her face, “we’ve brought him with us!”

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Chris Brown: R&B singer denies further charges following alleged bottle attack in London club

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Chris Brown: R&B singer denies further charges following alleged bottle attack in London club

R&B singer Chris Brown has denied further charges following an alleged bottle attack in a London nightclub.

The 36-year-old pleaded not guilty to assault occasioning actual bodily harm (ABH) to music producer Abraham Diaw, during a hearing at Southwark Crown Court on Friday.

Brown also denied one count of having an offensive weapon – a bottle – in a public place.

Chris Brown arrives at Southwark Crown Court.
Pic: PA
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Chris Brown arriving at Southwark Crown Court on Friday. Pic: PA

The Grammy-winning US musician last month pleaded not guilty to a more serious charge of attempting to cause grievous bodily harm (GBH) with intent to Mr Diaw.

The attack allegedly happened at the Tape venue, a private members’ club in Hanover Square, Mayfair, on 19 February 2023.

The plea hearing is part of preparations for his five to seven-day trial, which is due to take place from 26 October 2026.

Brown’s co-defendant, US national Omololu Akinlolu, 39, on Friday pleaded not guilty to a charge of assaulting Mr Diaw occasioning him actual bodily harm.

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Akinlolu, a rapper who goes by the name Hoody Baby, has previously pleaded not guilty to attempting to cause grievous bodily harm.

Omololu Omari Akinlolu, a co-defendant with Chris Brown, arrives at court.
Pic: Reuters
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Brown’s co-defendant Omololu Akinlolu arrives at court. Pic: Reuters

The defendants sat side-by-side in the dock, looking straight ahead during the hearing in London.

Around 20 fans sat in the public gallery behind the dock for Friday’s hearing, with several gasping as Brown walked into the courtroom.

The Go Crazy singer was able to continue with his scheduled international tour after he was freed on conditional bail in May.

He had to pay a £5m security fee to the court as part of the bail agreement, which is a financial guarantee to ensure a defendant returns to court and may be forfeited if they breach bail conditions.

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Mr Diaw was standing at the bar of the Tape nightclub when he was struck several times with a bottle, and then pursued to a separate area of the venue where he was punched and kicked repeatedly, Manchester Magistrates’ Court previously heard.

Brown was arrested at Manchester’s Lowry Hotel at 2am on 15 May by detectives from the Metropolitan Police.

He is said to have flown into Manchester Airport on a private jet in preparation for the UK tour dates.

Brown was released from HMP Forest Bank in Salford, Greater Manchester, on 21 May.

The singer, who rose to stardom as a teenager in 2005, won his first Grammy award for best R&B album in 2011 for F.A.M.E..

He earned his second in the same category for 11:11 (Deluxe) earlier this year.

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