DA Says Some People in His Office See No Evidence Menendez Brothers Were Molested. He Disagrees (Exclusive)

George Gascón, who is up for reelection in November, says he may decide by the end of this week whether or not to recommend resentencing for Erik and Lyle Menendez

<p>Robyn Beck / AFP/ Getty; AP Photo/Nick Ut</p> Los Angeles County District Attorney George Gascón; Lyle and Erik Menendez

Robyn Beck / AFP/ Getty; AP Photo/Nick Ut

Los Angeles County District Attorney George Gascón; Lyle and Erik Menendez

Los Angeles County District Attorney George Gascón says some people in his office don’t believe there's evidence showing Erik and Lyle Menendez, who are serving life sentences for the murder of their parents Kitty and Jose Menendez, were sexually abused by their father.

He disagrees.

“There are some people in my office that believe that there is no evidence of molestation,” he tells PEOPLE. “I don't agree with that, but that's certainly the position that some people have taken, and they believe that they should stay in prison the rest of their life.”

Gascón cites the allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, against Jose, who he claims raped him in the 1980s, as evidence. He also references a newly discovered letter Erik wrote to his now-deceased cousin Andy Cano describing his father’s alleged sexual abuse months before the murders, as well as relatives of the brothers who believe Erik, 53, and Lyle, 56, were victims, not murderers.

“I'm aware of the information that came from the member of the Menudo band,” says Gascón. “I've heard the family. Now the family has been interviewed in the media multiple times, and I don't believe that the family has any reason to lie, especially given the totality of the circumstances. There's evidence that Erik communicated with one of his cousins prior to the murder. But the point is I think that there are multiple things. It certainly provides some credible information that this was not just something that was fabricated.”

Gascón, who is up for reelection in November, says he will possibly decide by the end of the week whether or not to recommend resentencing the Menendez brothers after he discusses the case with the office's habeas and resentencing units.

<p>CDCR/MEGA</p> Lyle and Erik Menendez

CDCR/MEGA

Lyle and Erik Menendez

Related: D.A. 'Keeping an Open Mind' About Menendez Brothers' Push for Release

“I'll be listening to not only the briefing, but recommendations from both teams,” he says. “That also plays a role. Because they're not just sort of an agnostic presenter. They're going to be presenting what they think should be the outcome. I expect one will be saying, ‘No relief,’ one will be saying, ‘Yes, provide relief,’ and I'll evaluate both of them.”

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While Gascón can issue a recommendation on resentencing, a judge will ultimately make the final decision.

Since May of 2023, Gascón’s office has been reviewing a Habeas Corpus petition that attorneys for the brothers filed in Los Angeles County Superior Court, citing new evidence in the case, including the sexual abuse allegations by Rosselló and the letter Erik allegedly wrote.

Gascón previously addressed the petition at a press conference on Thursday, Oct. 3, saying that his office was "keeping an open" mind about the Menendez brothers' bid for release.

<p>abc</p> Lyle, Kitty, Jose and Erik Menendez

abc

Lyle, Kitty, Jose and Erik Menendez

Related: With Decision on Menendez Brothers Resentencing Days Away, DA Says They're Not a Danger to Society (Exclusive)

Acknowledging that the brothers “were clearly the murderers,” Gascón said his office had “a moral and an ethical obligation to review what is being presented to us” and to determine if such evidence could have swayed jurors away from first-degree murder convictions.

Lyle was 21 and Erik was 18 when they fatally shot their parents using 12-gauge shotguns in the den of their Beverly Hills, Calif., home on Aug. 20, 1989.

Jose, 45, was hit multiple times, including point blank in the head. Kitty, 47, was shot multiple times, including once in the face.

Related: Will DA Support Menendez Brothers' Resentencing? He Cites 'A More Modern Understanding of Sexual Violence'

The killings, according to the brothers, came after years of sexual abuse by Jose — abuse which they claimed was ignored by their mom, a former pageant queen.

However, prosecutors at the time said the two brothers’ motive was greed and cited their lavish spending spree after the slayings.

In 1996, three years after their first trial ended in a deadlock, the siblings were convicted of the first-degree murders and subsequently sentenced.

If you or someone you know has been a victim of sexual abuse, text "STRENGTH" to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.

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