The Menendez brothers case is set to take a dramatic turn -- with fresh evidence uncovered, a major decision's just around the corner ... and it could even mean a shot at their freedom.
Category
✨
PeopleTranscript
00:00You don't have a crystal ball, but I've been a lawyer for a long time
00:04Hmm, and I think the Menendez brothers are going to be free men
00:09Very soon, and I think the decision is gonna come down this week that and here's my prediction
00:16Well, they the George Gascon the Los Angeles County District Attorney has said that the decision will be made by the end of this week
00:23So didn't you don't need the crystal ball for that?
00:25But what if you had the crystal ball
00:27What do you think his decision is that that the DA is going to go to the judge or a judge?
00:34And say that we believe that Eric and Lyle were sexually molested
00:40There are extenuating circumstances
00:42they did not allow that evidence in the second trial even though it was the same judge as the first trial when it was admitted and
00:49Given all those circumstances
00:51We respectfully ask your honor that you reduce the conviction to a voluntary manslaughter conviction
00:59Which has a maximum sentence of 11 years they have served 35
01:04So they should be free men instantly
01:07and I think that is what is going to happen if he makes if if that is the decision and I
01:12Agree with you that I think that is gonna be what he decides. He goes to the judge
01:17What what's the timeline here? I mean, we're essentially saying is it possible that they are out before
01:23The end of next week before Halloween. I don't know
01:25Well, you know the timing could be that they immediately go to a judge
01:29I don't know whether they're gonna set this for a hearing they may require
01:33That some of the victims meaning the relatives right some of whom do not want them out
01:40And some have an opportunity some of them have an opportunity to address court. I don't know
01:44so I'm not sure what the timeline is going to be but I think it's going to be accelerated and I think that is
01:50what's going to happen and
01:52You know George Gascon was on CNN this morning
01:55And I think the way he laid this out and talked about the conflict within his office is really interesting
02:01There is actually two different camps in my office. I have a group of people
02:06Including some that were involved in the original trial
02:09That are adamant that they should spend the rest of their life in prison and that they were not molested
02:14I have other people in the office that believe actually that they probably were molested and that they deserve to prove to have some relief
02:20I plan to have a decision by the end of this week, which is what I promised
02:26When I was we started getting a lot of inquiries
02:28We have been looking at this cases for over a year. By the way, we had a court time late November on the habeas
02:35But given the public attention to this case
02:38I've decided to to try to come with a decision earlier than that and I will you'll look Harvey
02:44I think you're right, even though he's talking about the split in his office
02:46I think all indications are pointing to that
02:48He will find a way to free them in this manslaughter possible way that you that you outlined because why else have these press conferences?
02:55Why else we visit the case? This was an old case
02:57He could have just let them remain in prison and serving their sentence
03:01It seems like something will change which by the way, I think would be a gross miscarriage of justice
03:05I think this was premeditated murder. I think it has nothing to do with manslaughter
03:09The fact that they were molested potentially some people think that was concocted doesn't really factor in I think that
03:16It did with the first jury because there were jurors in the first case where the evidence was presented who didn't believe that it should
03:24Be voluntary manslaughter. There was a split in the split tended to be men versus women
03:29women
03:31Going for voluntary manslaughter. So that issue did come up. We had I'm sorry was it Alan Abramson?
03:37I believe was the LA Times
03:39You weren't here last week
03:40But the LA Times reporter who covered both trials was here and pointed this out that there was an appeals court decision
03:45All right
03:46That said that none of that evidence matters the evidence about them being molested doesn't matter because it doesn't address
03:53The fact that there was no immediate threat to them when they opened fire was there was absolutely no immediate threat
04:00There was all there was that subject and that was an appeals court decision
04:04That was an appeals court decision and they did say there was no immediate threat and that's true
04:07so how do you would because what juries can still do is they can look at the person and
04:13If you look at Eric's letter
04:16Eric sent a letter to his cousin a couple of months before
04:20Saying that it was still going on that that was one of the reasons Eric couldn't go to another school where he wasn't living
04:27At home that he was still getting molested
04:31Shortly before the murders and that he was in real fear now that doesn't excuse what happened
04:37But the issue is can a jury
04:39But can a jury decide this and the fact is that some of them didn't decide that I get that first right now
04:45We were then it was appropriately excluded, but we're in evidence
04:53Because it wasn't relevant or here's a minute it distracted the jury and made them feel
04:57Emotionally connected to the Menendez brothers when in fact imperfect self-defense when there's no immediate threat of harm in an objective
05:03Well, that's why it's no basis. And that's why it's an imperfect work. Hold on
05:07Are you aware that in the first trial the judge who allowed it in was Stanley Weisberg? You're aware of that, right?
05:14I am aware. Do you know who the second judge was who said well, I'm not gonna let it in this time
05:19I don't remember his name trick question. It was Stanley. Why are you fell?
05:23Was the same judge fell for it the judge
05:27I'm sorry that a lot of people a lot of people think the judge just one of them convicted changed a bunch of rulings and
05:35There was no explanation for it
05:37So why does a judge get to decide now instead of a jury?
05:41Because you want that if you think that it should be voluntary manslaughter. It seems like the appropriate thing
05:45I'll give you have a another trial. Let a jury decide. I'll give you an answer a lot of the witnesses
05:50Died I got that and a lot of memories have faded and a judge can say you know
05:56What now that we know about the fact that he allegedly more that Jose allegedly?
06:01molested a member of Minuto that you have this letter cousin that the judge
06:06flip-flopped without
06:07Explanation in the interest of justice given the fact that witnesses are dead memories are faded rulings
06:14There was an appeals court decision where all
06:19Justice Harvey the
06:21There was an appeal. This is what I can't get past
06:23There was an appeals court decision where all of that was mentioned right and the appeals court said have you ever heard of that?
06:28Have you ever heard of cold cases where cold cases turn up new evidence?
06:32And then all of a sudden judges can make decisions the new evidence is Minuto
06:38The new evidence is the letter and that may be enough now
06:42I don't know that a judge is gonna do it
06:44I think he's gonna do it
06:45But actually we don't know who the judge is gonna be right and it may be a judge
06:49Who's sympathetic and it may be a judge weird that you had?
06:52I don't know you had a jury's decision and now it becomes it happens all the time. It's happened all the time
06:57Hi, it's Sarah from the UK. The Mendez case is complex
07:02However, I think now is the right time for this to be ed
07:06Especially with the recent documentaries people know more than ever about this case
07:10Well, I mean it shouldn't be based on the you know, the Ryan Murphy docu the Ryan Murphy show series, right
07:17It's not really a docu series right scripted series, but you know, he talked about public attention