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.
Image: 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.
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.
Image: 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.
Image: 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.”
Image: 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.”
How artificial intelligence will affect our lives going forward is a question being figured out across pretty much all industries right now.
While many in the arts have expressed concerns over how algorithms learn from their work, Black Eyes Peas star will.i.am believes it actually should “inspire you to create”.
An early artificial intelligence supporter, he says: “If you’re basing what you’re going to do tomorrow off yesterday, you’re not growing.”
The music producer spoke to Sky News after giving a demo of his new AI radio app in London.
Rather than artificial intelligence being something with negative connotations, he insists its potential should “inspire better, broader, deeper, faster…[it] shouldn’t stop you from being human”.
Image: The Black Eyed Peas star told Sky News AI should ‘inspire you to create’
As one of the most prominent voices to position himself in the pro-AI camp, his enthusiasm is certainly infectious.
Those who turned out to see the demonstration of his app-based platform RAiDiO.FYI got to see the musician and tech entrepreneur challenge one of his AI personas to make a joke comparing computer chips and guacamole chips with reasonably funny results.
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He hopes listeners will come to interact and talk with AI presenters in the not-too-distant future.
But is it a gimmick or a taste of the future?
Sky News put it to will that some of his musical counterparts worry AI – with its instant ability for anyone to make a song in his style – waters down the music industry.
“I don’t think anything can water down our industry any more than TikTok has,” he responded.
“We used to listen to three-minute songs, now we’re down to nine seconds….TikTok and that algorithm, you know, changes what record companies are looking for, changes the architecture of the song… it’s watered down…we an ocean (sic).”
Sean Paul on embracing AI
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Sean Paul explains how he uses AI
But Jamaican dancehall musician Sean Paul isn’t entirely won over by AI’s potential.
“It’s a pandora’s box,” the rapper said, speaking to Sky News, “when you open it, it’s going to change all the parameters. It’s down to you to get used to the game.”
“I am apprehensive about certain parts of [it] in terms of making people lazy to writing”, the 52-year-old, who has worked with countless stars over his 20-year career, said.
“It can become a toy and make music more dispensable.”
Image: Sean Paul. Pic: AP Photo/Matt Sayles
He said he recognises there are copyright and ethical considerations with using AI in the music-making process – especially where algorithms are concerned and they may mimic popular sounds.
He said: “If it does happen that AI takes my stuff and I’m never compensated because of it (…) I will fight that.
“It’s gonna happen. Already though, I feel me, the artist, the creator, I’ve got the short end of the stick for a long time. Even before the days of streaming – we get 0.0 something of the product – and it’s we that created it.”
AI as a ‘tool’
However, he also acknowledged that “times have changed” – and that adapting is key to surviving the ever-changing music industry.
Paul says none of his published music has been touched by AI – but he is open to experimenting with it.
“I’ve used it for trying to finish riddim patterns that I have….I used it as a tool… as I think everybody should.”
Some big names in music, like Sir Paul McCartney and Sir Elton John, have openly called for a legal framework to be established to better protect artists, which will.i.am agrees is paramount “to not always lead with greed, especially with powerful systems” like AI.
“There needs to be some type of artificial intelligence constitution….I believe you should be licensed to put out AIs right now and you’re not.”
AI and copyright concerns
Over 1,000 artists, from Damon Albarn to Kate Bush, recently released a silent album to protest possible changes to UK copyright AI laws.
Dubbed ‘Is This What We Want?’, its aim was to highlight concern for how their work is potentially being used to develop and train the technology.
While the likes of will.i.am and Sean Paul may be open to seeing where the technology takes them, Alastair Webber believes the government should be taking control rather than loosening the reins.
The co-founder of The Other Songs, an independent music company championing songwriters and artists, says: “We must protect copyright because it really is the economic bedrock of the creative industries that bring so much back.”
The son of composer Lord Lloyd Webber, he believes while it’s important that big figures within the industry like his father are vocal with their concerns, the stand they’re taking is actually for those with their careers ahead of them.
“We’re not talking about these big names like Andrew Lloyd Webber or Elton John, all these people that are getting the headlines supporting this, actually [this matters more] for the young people being born today.”
An actress who was said to have been groped by Noel Clarke has defended the actor in his libel case against the Guardian, the High Court has heard.
Clarke is suing Guardian News and Media (GNM) over seven articles and a podcast, including an article in April 2021 that said 20 women who knew him professionally had come forward with allegations of misconduct.
Clarke denies the allegations, while GNM is defending its reporting as being both true and in the public interest.
At a hearing on Friday, actress Louise Dylan said she heard through a friend that Clarke’s former business partner Davie Fairbanks had claimed he saw her being groped by Clarke at the wrap party for The Knot.
After learning of the current libel case she wrote an email to Clarke, who she described as a friend, in which she said the allegation was untrue, she said.
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She also said she never spoke to journalists from the Guardian.
The Guardian did not report the allegations about Ms Dylan.
She said: “They are reporters who are supposed to research an article before publishing something.
“I was told I had spoken to these journalists to corroborate a story but I had not.”
She said she had been at the wrap party with her friend and her boyfriend, following a group dinner beforehand.
She said she didn’t “remember [the wrap party] too well,” adding, “I don’t remember the specifics of the party other than we had a nice time”.
Philip Williams, representing Clarke, previously told the court in written submissions that the actor “has clearly established the falsity of all of the allegations”.
The barrister continued that his client was “barely able to reply to the allegations” published by the Guardian and was “perceived as a criminal by all those who previously trusted and worked with him”.
Gavin Millar KC, for GNM, said in his written submissions that the paper “did not simply accept what was said to it” and that “much time and resource was devoted to getting to the truth”.
He also said that there is “ample evidence” that all of the articles were true or substantially true.
Clarke, who is best known for his roles in Doctor Who and the Kidulthood movie trilogy, had his BAFTA membership and outstanding British contribution to cinema award suspended in 2021, following the allegations.
He later dropped a legal action he had brought against the charity.
The hearing before Mrs Justice Steyn is due to conclude next month, with a decision expected in writing at a later date.
:: This article has been updated to make clear that The Guardian did not report the allegations about Ms Dylan.
Stephen Graham says the rise of “misogynistic tendencies” is concerning and we’re “all accountable to an extent” to finding a solution.
His new limited series Adolescence looks at the impact of social media on children and the accessibility to radicalised views online.
Speaking to Sky News, Graham says there was a certain moment for him that inspired him to create the show.
Image: Stephen Graham as Eddie Miller in Adolescence. Pic: Netflix
“I read an article about a young girl who was stabbed to death by a young boy, and then a few months later, on the news there was a young girl who, again, had been brutally stabbed to death by a young boy in a completely different part of the country.
“If I’m really honest with you, that hurt my heart and I just thought, why? Why does this kind of thing happen? What is this society? Why have we reached this point where this kind of thing is happening? What was the reason?”
The four-part drama, he says, doesn’t have the answer but instead holds a mirror up to society asking how can the growing presence of incel culture be quashed?
“You look at it and you see that we’re kind of all accountable to an extent. There’s failings within the school system, there’s situations where the education system can look at this, look at what’s happened with that kind of rise in these misogynistic tendencies.
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“The society as a whole can look at this, parents obviously can look at this, and the government in many ways.”
What is the term incel?
Derived from the phrase “involuntarily celibate”, incel culture in its simplest form someone who deems themselves unable to find a romantic partner despite desiring one.
A more radicalised sub-culture of incels has surfaced online in recent years which includes individuals who dislike feminism and believe that women have become too sexually selective.
They believe men are the superior sex and men have the right to objectify and criticise women as a result.
Influencers like Andrew Tate have been connected to the growing corner of the internet in which young boys are being radicalised from the certain viewpoint.
Image: Ashley Walters as Detective Inspector Bascombe in Adolescence. Pic: Netflix
Actor Ashley Walters, who stars alongside Graham in the series, says reading into the existence of the misogynistic group came as a bit of a shock and it worries him about the world children are growing up in.
“I’d seen bits of the Andrew Tate stuff kind of popping up online or whatever, but I never really delved into it. And for me, this was the first real experience.
He adds: “I do sometimes feel sorry for [kids]. When I was growing up, I was in a bubble. I didn’t have a clue what was going on in the States and other parts of the world.
“It was just kind of in my little area that I grew up in with my family… I wasn’t seeing Bentleys and designer clothes and all of this stuff. It’s like I was happy with what I had. And now you’re exposed to everything. It’s no wonder that kids mentally grow up quicker.”
The Top Boy actor believes it can be hard for young boys to talk about their emotions.
“It’s really important that we have these conversations and we make it normal to have discussions just like women and young girls do about feelings and whatever they’re going through.
“That was one of the big reasons why I wanted to be a part of this conversation that we’re creating, because I’m a strong advocate for, as a man, being vulnerable, crying in front of my friends, and just saying how I feel.
“It’s even difficult for me at times, so I can’t imagine how young men are at the moment… everything that’s going on around social media in their lives, how difficult it is for them to start this conversation.”
‘This government needs to do something’
Co-creator and writer Jack Thorne agrees and says the government should step in and guide children and their parents to the correct use of social media.
“I think this government needs to do something. And there’s a private members’ bill going through the Commons on Friday that has been watered down quite extensively by this government because they’re frightened of big tech.
“And we need to be having conversations like Australia’s having conversations, whether they’re actually putting in legislation about restricting social media access.
“We need to be having those conversations in this country and we’re not. And if we don’t have these conversations, it is going to get worse.”
Image: Fatima Bojang as Jade in Adolescence. Pic: Netflix
He adds: “Doing this show I spent a lot of time in a lot of dark places. I saw where the web went and where the web goes. And it’s not about Andrew Tate. Andrew Tate is the shorthand for adults.
“There’s much worse stuff out there. And it teaches kids a logic… that makes sense of the world for them in a really distorted and ugly way. And unless we look at that and talk about that, things are only going to get worse.”
A government spokesperson said: “We are committed to keeping young people safe online.
“Starting next week, Ofcom can begin enforcing the Online Safety Act’s illegal content duties, targeting the most harmful material.
“By summer, children will be protected from harmful content, and platforms must take steps to ensure age-appropriate experiences online.
“These protections will act as the foundation and our priority is implementing them quickly and effectively.
“We also know there will be more to do and have already acted, including commissioning a study to assess current research on the impact of social media and smartphones, strengthening the evidence base on their impact on children’s wellbeing.
“This will enable us to swiftly consider all options to inform our next steps in the safety of children online.”