This argument was deemed inadmissible in the second trial and was largely depicted in media coverage at the time as a thin veneer for the real motive behind the murders – financial access to their multimillion-dollar inheritance.

What were they convicted of?

The Menendez brothers were found guilty and convicted of first-degree murder in 1996, and a judge sentenced them to life in prison without parole.

Now 54 and 57 years old, they have spent the past 35 years in prison.

Why is this happening now?

Public opinion of the Menendez brothers has shifted since more evidence has come to light, splitting open the case and forming the basis of an appeal in which the brothers have sought to have their sentences overturned.

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In 2023, Roy Rosselló made allegations that Jose Menendez had sexually assaulted him at the Menendez family home in New Jersey when he was a 14-year-old member of the Puerto Rican boy band Menudo.

CBS News also revealed that lawyer Cliff Gardner had been given a letter allegedly written by 17-year-old Erik Menendez to his cousin detailing the abuse.

“I’ve been trying to avoid Dad,” Erik writes. “It’s still happening, Andy, but it’s worse for me now … every night I stay up thinking he might come in … I’m afraid … He’s crazy. He’s warned me a hundred times about telling anyone, especially Lyle.”

The Monsters series and The Menendez Brothers, a Netflix documentary released last October featuring prison interviews with the brothers, has also created a swell of public support.

The multi-perspective series stars Nicholas Alexander Chavez and Cooper Koch as Lyle and Erik Menendez. Created by Ryan Murphy and Ian Brennan, it amassed 12.3 million views in its first four days. With 22.7 million views, the documentary was also the most-watched film worldwide in its first week.

“The things that will be re-examined when their sentencing is looked at is not stuff we uncovered,” Brennan told Deadline at this year’s Golden Globes. “That’s been in the public eye for years now. It just shows the power of what a television show can do to shine a light on things.”

However, Erik himself has since criticised the show for its “dishonest portrayal” which has “taken the painful truths several steps backward,” in a statement released on X by his wife Tammi Menendez.

What happened with the resentencing trial? Will they walk free?

The resentencing hearings, which were supposed to take place last Thursday and Friday (local time), centre on whether the brothers have been rehabilitated in prison and deserve a lesser sentence that could reduce their charges to manslaughter, which would allow them to be immediately released.

However, their bid for freedom was again delayed due to disputes among prosecutors and the brothers’ lawyers.

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Now a procedural hearing is scheduled for May 9 to tackle two issues in the brothers’ resentencing case: whether material from risk assessments completed by the state parole board at the governor’s order can be used in court, and whether the Los Angeles County district attorney should be removed as prosecutor in the case.

The resentencing hearings will be on pause until those issues are resolved next month.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).

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