Shocking New Details About The Menendez Brothers' Father Could Lead to New Murder Trial

[Music] the Menendez brothers who were accused of well that we know that they killed their parents um but their defense was that they had been abused by the father repeatedly over the years that the mother had allowed it and Leslie Abramson so famously got up and you know did the direct exam of of Eric Menendez the younger brother he cried on the stand they had him in like the sweater vest uh the jury didn't buy it and wound up convicting both of these guys I've spoken to why I spoke to Lyle Menendez in a courthouse or a jailhouse interview when I was at NBC it was fascinating stuff but now there's new evidence in the case you're representing them and it's actually not just Mark garago's defense attorney saying reopen the truck I have another trial which defense attorneys do all the time with all due respect the judge himself as is looking at the prosecution saying you need to explain yourselves as to the job you did and why some of this stuff was not brought out in connection with his trial so explain what what are the two best things that have you arguing for new trial here first the the best thing about being on your show today is being able to talk to Marcia in The Green Room because she has the institutional knowledge of what was happening in the DA's office at the time because the basically what we have argued is trial trials number one because there were two juries the first time around both of those juries hung on whether it was murder or manslaughter that was based on imperfect self-defense fast forward to trial number technically three but the second wave or jury number three what happened in the interim Marcia remembers there was the O.J Simpson case in between the same trial judge in both cases not in the O.J Simpson but in the Menendez cases same trial judge basically invited the late great David Khan to rethink imperfect self-defense David to his credit did not take the bait at least explain what that is hmm explain what imperfect self-defense is imperfect self-defense is either basically where the law says what you did may not have been objectively reasonable but we basically understand why you do it and we're going to let that be mitigation we're going to have it negate the malice element which is required for murder so you make so you didn't murder your father in the midst of him allegedly molesting you but you did it understanding that you were afraid of him and the next punishment could be coming your way that kind of thing the correct and all you're doing is negating the the element of malice you're not saying I'm not guilty you're saying if I am I'm admitting guilt but guilt of manslaughter so what happens they do the trial the judge starts excluding evidence that they did not or that he did not exclude in the first trial and then after they rest he allows them to withdraw or he withdraws the imperfect self-defense by that time the the prosecutor had gotten the message and then David who was the prosecutor argues in closing that it was an abuse excuse these were entitled kids there was no evidence of the abuse which is astonishing because when you argue that and you know you got the evidence excluded it's really the height of hutzpah now fast forward to now we then get the peacock documentary we get the Declaration nation of the other young man who was then wait stop let me stop you there because the audience doesn't know about this yet so a member of the boy band menudo uh comes out in this documentary about his band I guess um and says he too was molested by Eric and Lyle's father Jose Menendez who the boys were saying during the trial was a molester who was the president of the record company for menudo okay wait and let me just add one other thing we have a sound bite of this the accuser's name is Roy rosello again of menudo and this is just a quick sound bite of him in the piece that's the man here doesn't rape me this guy does it pay the file how old were you there 40 years old he's pointing to Jose Menendez this RCA executive and he said that um the band's founder brought him to the Menendez home in New Jersey to broker a deal between the band and RCA that's when Jose Menendez allegedly drugged him and raped the then teenager twice um I won't get into the details but he was only 13 or 14 when he says it twice I guess a total of three times he molested and raped him go ahead Mark okay now you now have also an addition to that you have Kitty's sister Marta who has whose son has passed away Kano she's going through his things a number of years ago in those things she finds a letter that predates the Murder By I want to are the killing a year right yeah and by about eight months and in the letter he's describing to his cousin Marta's son the fact that this is going on and Eric Menendez is telling his cousin he's being molested by his father months in advance of the killings right and she finds it she then gives it I believe to ABC I mean we're still working through the Providence but that letter combined with the Declaration now that he was also doing the same thing to a third party has now caused the judge in the in the um reaction to if you will or um the aftermath of the writ of habeas corpus to issue an order asking the prosecution to respond interestingly I was also telling this to Marsha in The Green Room there in talking with the Kitty's sisters there was a rule that was known in the family that if Jose the father was in the room with Eric that nobody was allowed to go down the hallway which to me is one of the creepiest things I've ever heard but that was known and so all right so wait so let me jump in so the the alleged letter Eric's letter writes as follows this is again his mother's sister had a son who would have been Eric's cousin to whom Eric wrote this letter eight months before the killings and Eric writes I've been trying to avoid Dad it's still happening Andy but it's worse for me now I can't explain it he's so overweight that I can't stand to see him I never know when it's gonna happen it's driving me crazy every night I stay up thinking he might come in I need to put it out of my mind I know what you've said before but I'm afraid you just don't know Dad like I do he's crazy he's warned me a hundred times about telling anyone especially Lyle am I a serious wimpus he continues I don't know I'll make it through this I can't handle it Andy I need to stop thinking about it um so and then the the cousin's name was Andy Kano so Marcia now the judge he's they've gotten the judge's attention the judge Superior Court Judge William Ryan demanding answers from L.A County district attorney George gascon about the explosive evidence that was kept from a jury uh quoting here from Los Angeles magazine judge issued an order on June 24th requesting guest gone whose office prosecuted the Menendez brothers in two different trials to explain whether his lawyers exercise due diligence in pursuing evidence that the father Jose was in fact abusive the judge points to this letter I just read from um and once gascon to explain how diligently his office dug into claims of abuse or Jose Menendez Behavior at the time this is so interesting so what is that extraordinary for the judge to do that and what do you make of the DA's conduct in all of this so I knew the prosecutors for both trials um and I was aware of the prosecution the case uh the trials going on at the time I have to say um I want to make it very clear that what the defense is saying and what the judge is saying is not that the prosecution knew about this evidence and hid it from them which is important it's that well did you try hard enough to find it based on what I've seen they tried very hard to find it they spoke to everyone I know that in the first trial they interviewed all kinds of members of family um in fact the there was a whole motion based on teachers friends family and coaches that had something to say about Kitty and Jose Menendez and the family Dynamics and then as I understood it David Khan who retried the case um did the same thing went out and talked to all of them and then prepared a motion saying there is no uh there is no valid basis for this these are not credible accusations and it's explained why I did not see these motions so I want to make it clear I'm facing this on what I heard and discussed with them at the time so it's not that they weren't trying to find this information they certainly did I know that why they didn't is going to be the subject of the discussion now and why the judge has issued what you asked for an informal reply from the prosecution as to why they didn't uncover it I'd like to know that too because given what I know about the efforts that the DA's made in both trials I'm very surprised this letter didn't come out what took so long where was it and why does it only come out now junk science that's what the doctor called many of those fruit and vegetable supplements on the market junk 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Channel: Megyn Kelly

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Id: dB9zmv6YF_g

Length: 11min 15sec (675 seconds)

Published: Wed Jun 28 2023