Attorney for Menendez brothers' uncle says DA trying to 'rewrite history' in pursuit to free pair

Los Angeles County District Attorney George Gascon has ignored credibility issues related to new evidence that prompted him to announce his recommendation that the Menendez brothers be resentenced for the 1989 murders of their parents in an effort to "rewrite history," an attorney for the brothers' uncle said. 

Milton Andersen, the 90-year-old brother of Mary "Kitty" Menendez, has opposed the release of his nephews. His attorney, Kathleen Cady, said Gascon has ignored repeated requests that Andersen be informed on any decision taken by the DA's office.

"Despite numerous requests, Gascón has refused to inform Mr. Andersen of any decisions before holding press conferences," Cady said in a statement. "Mr. Andersen has been left in the dark, forced to learn crucial updates about his sister's case through the media, rather than being treated with the dignity and respect he deserves."

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Gascon initially announced he would review the case in light of new "evidence," which includes new allegations that the brothers' father, Jose Menendez, molested Roy Rossello, a former member of the boy band Menudo, in the 1980s, as well as a letter that Erik Menendez wrote to his cousin, Andy Cano, that surfaced in 2015, in which he talked about the alleged sexual abuse. 

"It is unconscionable that Gascon, whose ethical obligation is to pursue justice with integrity, has ignored my multiple notifications about individuals coming forward with information that seriously questions the credibility of the so-called ‘new evidence’ in this case," said Cady. "Yet, Gascón has shown no interest in reviewing or investigating this evidence, turning a blind eye to potential flaws in his pursuit to rewrite history."

Gascon said he plans to recommend a sentence of 50 years to life for each of the brothers, which would make them immediately eligible for parole under state law because they were under 26 at the time of the murders.

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Both shot their parents multiple times as they were watching television inside their Beverly Hills mansion. After a mistrial, the pair was convicted and sentenced to life in prison without the possibility of parole.

"They have been in prison for nearly 35 years," Gascon said Thursday. "I believe that they have paid their debt to society."

Any resentencing must be approved by a judge, he noted. 

During Thursday's announcement, Joan VanderMolen, niece of Kitty Menendez, said the DA's office took a "brave and compassionate step forward" and "putting justice over politics" through his recommendation.

"It is a recognition of the abuse my cousins endured," she said. "This is about truth, justice and healing."

Critics said the timing of Gascon's announcement came amid a tough re-election campaign against former federal prosecutor Nathan Hochman. 

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In a statement, Hochman noted that Gascon received the brothers' habeas corpus petition in May 2023 and request for resentencing in February. 

"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," Hochman said. 

In an effort to salvage his political career, Gascon was willing to "manipulate the facts," said Cady. 

"His decisions must be grounded in truth and law, not a last-ditch effort to sway voters," she said. "Gascón's failure to uphold his ethical responsibilities is a disgrace, and the victims of this horrific crime, including Mr. Andersen, deserve far better than being pawns in a politician’s game."