Public backlash to Lyle Menendez's scandalous affair with a British university student could dampen the notorious brothers' hopes for freedom after 35 years in prison.
Eric and Lyle Menendez are scheduled to appear before a judge on Monday to ask for a second look at their conviction for the brutal shotgun murders of their parents in their Beverly Hills mansion in 1989.
Decades after the notorious duo were sentenced to life in prison without parole, they filed a habeas corpus petition, which is being reviewed today, saying new evidence warrants a different outcome.
Evidence supports the brothers' arguments throughout their highly publicized murder trials, in which they shot Kitty and Jose Menendez to death in self-defense after years of sexual assault.
However, their chance at freedom could be dashed by the news of the cheating scandal.
Last week, the shock revelation of Lyle's forbidden romance with 21-year-old British student Millie Baxi left supporters of the notorious pair angry and disappointed as he has been married to Rebecca Snead since 2003.
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Snead quickly claimed the couple had broken up months ago and tried to shore up support for the sibling, but her statement didn't stop fans from slamming Lyle, 56, as a cheater.
Publicity is a major factor in such high-profile cases, former federal prosecutor and world-renowned attorney Nima Rahmani told the US Sun.
“The public relations aspect is important, and I think the brothers so far have done a really good job,” Rahmani explained.
He said Ryan Murphy's Netflix drama Monsters: The Lyle and Erik Menendez Story helped the duo's image.
“Before the scandal, I would say the vast majority of people supported the release of Eric and Lyle,” he said.
However, their prison romance does not help their cause in the public eye.
He added: “I think they will try to keep this bad evidence under wraps, for now, at least until the next hearing.”
He added: “Public opinion is definitely important [the scandal] “It does not contradict the argument that he is a model prisoner.”
Lyle contacted his much younger girlfriend from the Richard J. Donovan Correctional Facility in San Diego, California, using a contraband cell phone.
After being arrested for possession of the phone in March, he is now said to be communicating with Boxie through another illegal cell.
Timeline of the Menendez brothers case
Eric and Lyle Menendez have been serving life in prison without the possibility of parole since July 1996.
The brothers were convicted of shooting their parents to death in their Beverly Hills home in August 1989.
Timetable:
August 20, 1989 – Jose and Kitty Menendez were found dead of multiple gunshot wounds.
March 8, 1990 -Lyle was arrested outside his parents' mansion in Beverly Hills.
March 11, 1990 – Eric surrenders himself to the police after returning from Israel to Los Angeles.
July 20, 1993 – The highly publicized trial of Lyle and Eric begins and ends weeks later in a mistrial.
October 11, 1995 – Lyle and Eric's second trial begins.
March 20, 1996 The Menendez brothers were convicted of first-degree murder and conspiracy to commit murder.
July 2, 1996 – Lyle and Eric are sentenced to life in prison without the possibility of parole and sent to separate prisons.
February 2018 – Lyle is transferred to the San Diego prison, where Eric is being held.
April 4, 2018 – Lyle is moved into the same housing unit as Eric – the first time the brothers have been reunited in over 20 years.
May 2023 – The attorney representing Lyle and Eric filed a habeas corpus petition after Roy Rosselló, a member of the Puerto Rican boy band Menudo, filed sexual assault allegations against Jose Menendez.
September 19, 2024 – Monsters: The Story of Lyle and Eric Menendez releases on Netflix.
October 3, 2024: Los Angeles District Attorney George Gascón said his office was reviewing new evidence in connection with the convictions of Lyle and Eric.
October 7, 2024 The Menendez Brothers documentary will be released on Netflix.
October 16, 2024 – Family members of the Menendez brothers hold a press conference in which they plead for the brothers’ release from prison.
October 24, 2024 – Los Angeles County District Attorney George Gascón recommends re-sentencing the brothers.
December 11, 2024 – The Menendez brothers are scheduled to appear before a judge at a scheduled hearing.
News of the romance, first reported by the Daily Mail, sent shockwaves through the pair's supporters, prompting Eric's daughter Talia to share a mysterious Instagram post defending her father.
“I don't think the cheating scandal is going to be positive, but it's certainly not helpful,” said Rahmani, the West Coast's lead trial attorney.
Monday's hearing before Superior Court Judge Michael Gesich will review evidence related to Jose Menendez's alleged abuse presented in a May 2023 habeas corpus petition.
Evidence includes little-known testimony from former Menudo band member Rui Rosselló and a surprising letter written by Eric months before the murders.
The brothers face an “uphill battle” by filing the petition, Rahmani said, adding that habeas corpus relief is “rarely granted.”
Eric Menendez's letter to his cousin
A handwritten letter Eric Menendez wrote to his cousin about his father's alleged abuse has sparked a review of the case that could free him and his brother from prison.
Eric's letter was written in December 1988, eight months before the August 1989 double murders.
The full message stated:
“I've been trying to avoid Dad. It still happens, Andy, but it's worse for me now. I can't explain it. He's so overweight I can't bear to see him.”
“I never know when it's going to happen and it drives me crazy. Every night I stay up thinking it might come.
“I need to get it out of my mind. I know what I said before but I'm afraid. You don't know my father like I do. He's crazy!”
“He warned me a hundred times not to tell anyone, especially Lyle.
“Am I a weirdo? I don't know that I'll ever get over this. I can handle it, Andy. I need to stop thinking about it.”
He explained that the husband's best chance of gaining freedom is to obtain clemency from California Governor Gavin Newsom
However, Newsom announced last week that he would leave the decision up to elected Los Angeles County District Attorney Nathan Hochman.
His move to delay a clemency decision until Hochman reviewed the case led Eric's wife Tammy to criticize the governor for “political maneuvering.”
Hotchman moved
Hochman, a Republican-turned-independent, will take office on December 2, ousting progressive George Gascón, who announced he had recommended the brothers be retried last month.
Rahmani, who served with Hochman on the city's ethics commission and said he was “very fair,” said it's impossible to know what the new district attorney will decide.
“It's hard to know what Nathan Hochman will do,” Rahmani said. “He played his cards close to his chest.”
“He said he's still reviewing the case, so I'm not sure he'll be ready to address it by the retrial on December 11. He may ask for more time.”
After addressing the evidence of abuse raised in the habeas corpus petition, Judge Jesic will consider the motion for re-adjudication on December 11.
If you or someone you know is affected by any of the issues raised in this story, contact RAINN (Rape, Abuse, and Incest National Network) at 800-656-HOPE (4673).