The Menendez Brothers Are a Test for Society and the Courts

Opinion|The Menendez Brothers Are a Test for Society and the Courts

Recently, a Los Angeles judge delayed a hearing for Erik and Lyle Menendez in their bid to be resentenced for the murder of their parents 35 years ago. Renewed interest in the brothers’ case, fueled by Netflix’s recent docudrama series and documentary on the brothers, has drawn celebrity advocates to call for their release, alongside an army of TikTok accounts. Unfortunately for the brothers, social advocacy rarely corresponds to judicial change.

The Menendez brothers shot and killed their parents in August of 1989, when Erik was 18 and Lyle was 21. For months, the murders went unsolved, and the police believed that perhaps the parents had been victims of a mafia hit. During that time, the brothers went on a spending spree, buying cars, private tennis lessons, even a restaurant. When the truth finally emerged, the world was shocked. How could two young men born into privilege squander not only their futures but also quite possibly their lives?

There was a televised trial, the men sobbing on the stand, detailing years of abuse at the hands of their father. Sexual abuse, emotional abuse, coercion, violence. And their mother — where was she in all of this? Drinking away the woes of her family, failing in her sacred duty to protect her children.

The trial ended in hung juries, and Judge Stanley Weisberg declared a mistrial. So the men were tried again in 1995, and this time it was not televised. Judge Weisberg seemed to say enough with the shenanigans and less of this messy talk of abuse. He barred much of the evidence of the sexual perversions of Lyle and Erik’s father, Jose Menendez. The trial ended in convictions for each brother, and sentences of life without parole.

I was in college and then graduate school as the fate of the Menendez brothers played out. Their lurid travails were a sort of background static for the orderly world in which I lived, attending classes, struggling with rent and groceries. What did rich kids have to be so upset over?

Like so many people, I now understand more of how abuse and trauma play out in a person’s life. I understand that a male victim of abuse feels the pain no less than a woman, a child even more so. What I question is whether judges have absorbed this new understanding of abuse, and whether a court today would reach a different verdict.