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The Menendez brothers infamously murdered their parents in 1989—slaying them with shotguns in their Beverly Hills mansion. The gruesome crime scene captivated the country, followed by a sensational trial. The brothers were labeled spoiled brats who sociopathically murdered their parents to claim their inheritance. They have been jailed for 35 years, both serving life sentences. Following the release of the Netflix original series and documentary last fall, the narrative has changed dramatically. Many have rallied for the brothers' release—including relatives of their deceased parents. On Friday, the new Los Angeles District Attorney, Nathan Hochman, unfortunately called to reject the brothers' request for a new trial, shooting down one possible path to their release. While there are still avenues the brothers can pursue toward freedom, this measure has dashed one of their few options. As a trauma therapist, I recently wrote a Weho Times blog on the reaons why I think the Menendez Brothers should go free.
They’ve Served their Time.
The Menendez Brothers were convicted of murder. Even if we keep that conviction intact, many would argue that the brothers have served their time. The average time served for a murder conviction in the United States is 17.5 years. By now, Erik and Lyle have each served over 35 years of their prison sentences. I’d argue that they have served their time. They were very young. Erik and Lyle were only 18 and 21 at the time of the crimes. While they were technically adults, they were very, very young.
They didn’t get a Fair Trial.
Both Erik and Lyle claimed that their father had sexually and physically abused them. But this information was withheld from the jury during their second trial. This drastically undermined their self-defense claims and left out the true motive for their crimes. Still, others argue that the trial was more than fair and that the jury saw the brothers for who they really were: revenge killers. Erik and Lyle’s behavior following the killings certainly didn’t help elicit sympathy, with both brothers going on extravagant spending sprees.
They were Abused.
Child abuse was rarely spoken about in the early 1990s—much less sexual abuse. And when sexual abuse was discussed, it was almost always in reference to young girls—not young boys. We know more now. We know that children are abused at alarming rates. And we now know that boys are abused very frequently. As a country, we also had a much more limited understanding of how childhood trauma impacts someone over their lifespan. The landmark Adverse Childhood Experience (ACE) study, which showed an overwhelming correlation between childhood trauma and emotional and physical suffering in adulthood, wasn’t published until 1997. The recent wave of trauma therapy, which includes pioneers like Bessel van der Kolk and Peter Levine, hadn’t begun yet.
They’ve been Model Prisoners.
35 years in prison is a very long time. The brothers have gone from very young men to middle age. So what have they done over the decades? Lyle has completed a bachelor’s degree and is currently enrolling in a master’s degree program. Erik is enrolled in an undergraduate program now. They have both demonstrated very good behavior, despite the violence that they report being subjected to themselves. Both brothers have also been champions of the Green Space project, which aims to help prisoners reacclimatize to society by changing the environment within prison systems. The project advocates creating green spaces within prisons to lessen violence and improve emotional well-being.
But was it Self-Defense?
Under the eyes of the law, I would say no: Erik and Lyle did not murder their parents to defend themselves against imminent peril. Could they have moved out, gone to the police, or taken any other number of protective actions instead of murder? Absolutely. And both Erik and Lyle have made statements to that effect. They recognize that they could have taken different actions, and that they regret their actions on August 20, 1989. More importantly, we don’t want to set a precedent that condones vigilante killings. As the saying goes: an eye for an eye leaves the whole world blind. But I do think their punishment was way too harsh given the circumstances. 35 years is enough.
A Trauma Therapist’s Perspective on the Menendez Brothers
Childhood trauma impacts us in ways that we are still coming to understand. The truth is we don’t know for sure exactly how chronic stress impacts the developing brain—particularly sexual trauma, which is incredibly complex and confusing. The good thing is that we are having these tough conversations now: childhood sexual abuse is disturbingly common. Statistics show that 1 in 6 boys is sexually abused before the age of eighteen. Read that again: one in six. There is a corrosive evil in our culture that we must eradicate. The first step to defeating this monster is to recognize its presence. Our denial will ensure the suffering of future victims.
An Uncertain Future
So what’s next? Well, the brothers still have a couple of paths to freedom they can pursue. Their lawyer told TMZ that they plan to pursue these options as steadfastly as they can. Their next step is to ask for their sentences to be commuted. By no means am I suggesting that being abused gives anyone the right to commit acts of violence, but I do think they’ve paid their debt to society at this point. And I trust that they will be law-abiding citizens if they were released. More importantly, I think that releasing Erik and Lyle Menendez sends a clear message that we will not tolerate child abuse any longer. If their release deters even one potential abuser, then it’s more than worth it. Moreover, my hope is that this case will place our attention where it should be: protecting children from trauma. The devestating truth is therapists see countless clients who have suffered trauma like the Menendez Brothers have endured. My hope is someday all children will feel safe in their own homes.
You can learn more about my trauma therapy work here.
Check out my reel on the Menendez brothers on YouTube.
Check out my monthly WeHo Times Blogs.
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