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The Questions Still Won't Go Away Three Decades Later: Are the Menendez Brothers Psycopaths, or Victims?

California Department of Corrections and Rehabilitation via AP

I admit it, fine, I became obsessed with the Menendez Bros. back in the day. It was pre-O.J. Simpson—but not by much—and their 1993 trial was the first that I remember where you got to watch it live. I had just moved to Los Angeles, the drama was all playing out right here in this city that was still exotic to me, and I had a little time on my hands because I hadn't yet found a job or created a social circle. Believe me, I wasn't the only one fixated—it was a national spectacle. 

It seemed like everybody was talking about it.

At first, I was blown away by their complete evil, the horrific nature of their crime, multiplied by their joyful spending spree with their dead parents' money.

Then their defense team started bringing in the sex abuse stuff, and I thought, holy crap—I did not see that coming. At first, I was wholly unmoved, and it seemed completely made up; but over time, I had to admit to myself that it was gripping testimony. What they described was pure malevolence at the hands of their father, while they accused their mother of knowing about it but doing nothing to stop it. Either they were really talented actors, or the parents were truly unthinkable monsters.

However, it must be noted that the brothers didn’t immediately confess to the carnage and admit, “They abused us! We had to do it in self-defense!” No, instead they managed to escape suspicion for months, all the while asking, “How much is that Rolex in the window?”

I thought it seemed a miscarriage of justice (and some really talented defense lawyering by attorneys Leslie Abramson and Jill Lansing) when the first trial ended in deadlocked juries (each brother was judged by a separate panel). Both juries, interestingly, disagreed along gender lines—the females were sympathetic to the brothers’ allegations, but the men were not. Then-LA District Attorney Gil Garcetti vowed to try the pair again.

They didn't televise the second trial, which was in front of one jury only, and the judge disallowed evidence about the sexual abuse. Naturally, without that, they were convicted and sent away for life without parole. Without the cameras, it became much less of a national obsession, and while their convictions were still a big deal, much of the country had moved on to the O.J. saga by then. 

The evidence was quite simply overwhelming that they’d blown away their parents in cold blood while the couple sat defenselessly on the couch watching TV.

Over the years, I would see something about them now and then in the news, but they were pretty much out of the public eye. Recently, however, after three decades, two new shows came out, one a drama called “Monsters” and the other a documentary. I admit to gobbling up both of them. I found each compelling in its own way, and the same questions bubbled up in my mind: were they really horribly sexually assaulted, or were they just making this up out of whole cloth because they’re psychopaths?

There's one thought, though, that kept coming back to me, one thing that I don’t feel has been asked enough: even if you stipulate that every single thing allegation they made is true (which of course, we don't know, and there isn't a whole lot of evidence for it), does that excuse them pumping their parents with 16 shotgun blasts, even going out to the car to reload and coming back to finish the job? Half of patriarch Jose Menendez's head was blown off, while mother Kitty was shot in the face.

The answer, of course, is no. 

However, even if you do think they deserve some sort of leniency after spending 35 years in the slammer, the fact that one of the most odious, criminal-loving district attorneys in the country, George Gascón, made the decision to recommend resentencing—which could lead to possible paroles in as little a month—makes the whole thing smell even worse, especially as he is in the midst of an election he's likely to lose. Badly.


Background: BREAKING: LA County DA George Gascón Recommends That Court Resentence Menendez Brothers

State of the Los Angeles DA Race - George Gascón Faces Likely Ouster


His opponent Nathan Hochman blasted the move:

Yet, he has waited until days before the November 5 election, 30 points down in the polls with articles coming about how his failed policies have led to additional murders of innocent people, to release his recommendation for resentencing.

By releasing it now, Gascón has cast a cloud over the fairness and impartiality of his decision, allowing Angelenos to question whether the decision was correct and just or just another desperate political move by a D.A. running a losing campaign scrambling to grab headlines through a made-for-TV decision.

Angelenos and everyone involved deserve better.

If they do get out, the question becomes: is there anything you could do in this country that would keep you behind bars permanently? Perhaps not, at least in California. If we caught an Oct. 7th Hamas murderer and jailed him, would we revisit the case 30 years from now and parole him because he had a bad childhood?

I wouldn't put it past folks like Gascón.

Hopefully, the failed prosecutor will be voted out of office very soon now and we will see him no more. However, if a judge agrees with Gascón’s recommendation, we may be seeing much more of the Menendez brothers in the near future.

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