Los Angeles district attorney issues major update on fate of Menendez brothers as Netflix doc puts spotlight on father's rape allegations

The Menendez brothers may sensationally receive a retrial after the Los Angeles County DA announced his office was reviewing critical evidence in their case. 

The brothers Erik and Lyle were convicted almost 35 years ago of the murder of their parents Jose and Kitty Menendez in their Beverly Hills mansion. 

Los Angeles County DA George Gascon said at a press conference on Thursday that his office was scrutinizing evidence that was not permitted in their trial, but repeatedly insisted that he was not committed either way to the validity of new claims surrounding their case. 

Specifically, Gascon said he was reviewing shocking allegations made last year by Roy Rossello, a former member of the band Menudo, who claimed Jose Menendez molested him as a teenager while he was working as a music executive in the 1980s. 

The allegations opened the door for the Menendez brothers' appeals over claims that critical evidence of their father's alleged abuse was not admitted in their 1996 trial. 

If they are granted a retrial, the Menendez brothers could be freed if a jury finds them guilty of voluntary manslaughter instead of murder, which would trigger their release as they have served more than the maximum sentence. 

The brothers were initially tried separately, but both juries were deadlocked over claims Erik and Lyle murdered their parents because they feared for their lives, after threatening to expose their father's years of alleged sexual and physical abuse. 

However, they were found guilty at a subsequent trial after a judge refused to allow testimony about Jose's alleged molestation of his sons, which is the basis of their ongoing appeal. 

Gascon said there is no question in the minds of authorities that the brothers perpetrated the killings, but said there is renewed scrutiny on whether the jury in their second trial should have heard evidence of Jose's alleged abuse. 

The prosecutor said he will determine whether the Menendez brother will receive a new trial, or if the District Attorney's office will go for a new sentence - which presumably would be downgraded to manslaughter and set them free. 

A hearing on the new evidence has been set for November 29.  

The Menendez trials in 1996 captured national attention as observers questioned how the privileged and handsome brothers could have slain their parents in their mansion. 

In recent weeks, their case again hit the spotlight as it was profiled in a new Netflix show, which faced backlash for depicting the brothers in an incestuous relationship, which they and their supporters deny. 

Before Netflix's fictional adaptation brought new attention to the case, the Menendez murders came under scrutiny last year after Rossello's allegations were detailed in a Peacock documentary. 

Rossello claimed he was sexually assaulted when he was 13 or 14 years old by Jose Menendez in the family's New Jersey home in the 1980s, several years before the brothers killed their parents with shotguns inside the home's living room. 

He said he was brought to the home by the creator of his band, Edgardo Diaz, on the pretense of sealing a record deal with RCA Records, where Jose worked as an executive. 

After the allegations surfaced, the Menendez brothers cited the claims in a writ of habeas corpus last year, asking for their murder convictions to be vacated.  

On the new allegations, Gascon said his office is 'not ready to believe or do not believe that information' before it is verified. 

'We’re here to tell you that we have a moral and ethical obligation to review what is being presented to us and make a determination,' he said.