L.A. County district attorney shares evidence in Menendez brothers case as he mulls their sentence

The Los Angeles District Attorney has released new evidence in the case of Lyle and Eric Menendez that could lead to a review of their life sentences.

After their highly publicized first trial failed, a jury in a second trial in 1996 convicted the Menendez brothers of murdering their parents, Jose and Katie.

While they never denied killing their parents, the brothers claimed they did it in self-defense and were victims of lifelong sexual abuse by their father. Lawyers for the brothers say that during the second trial, prosecutors argued that "abuse did not occur" and the trial judge did not allow much of the abuse evidence presented by the defense to be presented.

In July 1996, both men were sentenced to life in prison without the possibility of parole.

Now, more than 35 years after the murders, Los Angeles District Attorney George Gascon has released a photo of a letter that lawyers for the Menendez brothers argue corroborates Eric's claim of being sexually abused by his father.

Gascon shared an image of the undated handwritten letter in a post on his social media platforms on Sunday. This letter was written by Eric Menendez and refers to abuse. By Tuesday, the post was no longer on Gascon's Instagram page.

"I'm trying to avoid Dad," the letter reads. "It still happens, Andy, but it's worse for me now." “I never know when it's going to happen and it drives me crazy. I stay up every night until morning thinking that maybe he will come."

An attorney for the Menendez brothers confirmed the authenticity of the letter released by Gascon, saying it was part of a Hobbs Cross lawsuit filed in Los Angeles Superior Court in May 2023.

In the lawsuit, attorneys say the letter was written by Eric Menendez to his cousin, Andy Cano, in December 1988, months before Katie and Jose were killed. Menendez's lawyers argue that if the letter had been introduced into evidence during the 1996 trial, the jury might have reached a different conclusion.

"Mark and I are certainly pleased that the district attorney is taking the time to look at the merits of Hobbs-Cross's plea," defense attorney Cliff Gardner told CNN in a statement. Mark Geragos also represents the brothers.

"Given today's vastly different understanding of the damaging effects of sexual and physical abuse on young children (both boys and girls), the testimony about Jose's sexual abuse of Lyle that was excluded at the second trial and the significant new evidence presented in the Hobbs lawsuit Cruz, we think it is in the interest of justice to review the sentence." Gardner said. "The brothers have spent more than 30 years in prison. This is enough."

CNN has reached out to Gascon's office for comment.

The case is back in the spotlight more than 30 years after last month's release of Monster: The Lyle and Eric Menendez Story. The series was created by the creator of the TV series Ryan Murphy.

This month, Netflix also released a documentary about the Menendez case in which both men talk about what led up to the murders.

The family of Eric and Lyle Menendez announced that they will hold a news conference outside the Los Angeles courthouse on Wednesday, along with Gardner and Geragos.

Gascon's office has until Nov. 26 to respond to the brothers' petition challenging the legality of their imprisonment.

At a news conference earlier this month, Gascon said his office had a "moral and ethical obligation" to investigate the Menendez brothers' case. He is running for re-election in November on a progressive platform that also includes sentencing reform.

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