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scene photos entered into evidence. LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE The state placed more of an emphasis on the Fuck my ex nick nayersina T-shirt But I will love this brutality of the crime. Lyle and Erik Menendez found guilty of first-degree murder Erik, left, and Lyle Menendez sit next to each other in court during their second trial. ASSOCIATED PRESS The jury deliberated for days before finding Lyle and Erik Menendez guilty of first-degree murder. At the jury’s recommendation, the brothers were later sentenced to life in prison without the possibility of parole. 2023: New evidence in the Menendez case Menendez defense attorney Cliff Gardner CBS NEWS Almost three decades after their convictions, Cliff Gardner, one of the brothers’ appellate attorneys, tells “48 Hours” that new evidence has come to light proving that Lyle and Erik Menendez were telling the truth about being abused. In May 2023, Gardner filed a habeas petition asking that the brothers’ convictions be vacated.
“The boys were abused as children. They were abused their whole life. …And this is a manslaughter case, not a murder case. It’s just that simple,” Gardner says. Had the Fuck my ex nick nayersina T-shirt But I will love this brothers been convicted of manslaughter, they would have received a much shorter sentence and been out of prison a long time ago. Evidence: The letter The new evidence includes a letter written by Erik Menendez to his cousin, Andy Cano, in December 1988, about eight months before the crime. SUPERIOR COURT OF THE STATE OF CALIFORNIA, LOS ANGELES COUNTY The first piece of new evidence is a letter that attorney Cliff Gardner says was written by Erik Menendez to his cousin Andy Cano in December 1988, about eight months prior to the killings. 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 he might come in.” Gardner says this is proof the abuse took place. Evidence: A new witness Jose Menendez, top row, second from left, is pictured with former members of Menudo in 1983, including Roy Rossello, bottom right. Also pictured is the band’s one-time manager, Edgardo Diaz, top row, second from right. SONY MUSIC/RCA RECORDS The other new evidence involves a witness named Roy Rossello, pictured bottom right, who has come forward in a sworn affidavit alleging that he was sexually abused by Jose Menendez too. Rossello says the abuse took place in the early 80’s when he was a member of the Puerto Rican boy band Menudo. Jose Menendez, top row, second from left, worked as an executive at RCA Records at the time and RCA signed Menudo to a recording contract. Lyle Menendez awaits judge’s ruling Lyle Menendez at the R.J. Donovan Correctional Facility in San Diego in March 2018. K.C. ALFRED/SAN DIEGO UNION-TRIBUNE VIA ZUMA WIRE The Los Angeles County District Attorney’s Office told “48 Hours” that it is investigating the claims made in the habeas petition. Ultimately, it will be up to a judge to decide whether the convictions should be vacated. If they are, then it would be up to the D.A’s office as to whether they would retry the case. As Lyle Menendez awaits a judge’s ruling, he spoke to “48 Hours” contributor Natalie Morales. He told Morales that when he heard about the new evidence, he was happy. “‘Cause it’s a burden to be telling what happened to you and just have so much doubt in the public air,” he said. More from CBS News Will new evidence free the Menendez brothers? Menendez brothers’ claims of abuse supported by letter, new allegation Trump, special counsel at odds in Florida over future of documents case Man who killed woman after driveway mistake gets 25 years to life in prison In: 48 Hours Murder
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