The attorney for the Menendez brothers speaks out about their case during an appeal, stating, "What you think you know...is not everything."

In the early '90s, the Menendez brothers' killings of their parents were widely covered by the media, but did the reporting accurately depict the events?

As new evidence comes to light, attorney Mark Geragos believes so.

"In the new Fox Nation special, "Menendez Brothers: Victims or Villains," Geragos stated that everything people believe they know about the Menendez case is actually incorrect."

A four-part docuseries, produced by the same company that created Fox Nation's "Jussie Smollett: Anatomy of a Hoax," revisits the story of brothers Lyle and Erik Menendez, who have been incarcerated for over 30 years following their conviction for murdering their parents, Jose and Kitty, in August 1989.

In 1993, the brothers were convicted after their trial was broadcast on CourtTV. During the trial, other media outlets, including Saturday Night Live, portrayed the brothers as "greedy rich kids" and callous killers.

"Victims or Villains" features testimonies from prosecutor Pam Bozanich, juror Hazel Thornton, sexual abuse survivors, actors Rosie O'Donnell and Corey Feldman, post-conviction attorney Cliff Gardner, Geragos and other individuals.

Planet Chronicle Digital spoke with Geragos, who explained his role as the post-conviction attorney for the pair and why he believes the media did not do the story justice.

"Geragos stated that if the brothers were "the sisters," they wouldn't have done that, referring to the media's mockery of the O.J. Simpson trial. He pointed to the SNL skit as an example of "cringe-inducing" behavior. When comparing the media of the '90s to the present, Geragos said they would never engage in such behavior today."

"Gardner, another of the brothers' attorneys, argues in the Fox Nation special that the evidence of abuse is not based on actual facts but rather on people's recollections of the press and the narrative that was run, which portrayed the brothers as "rich Beverly Hills kids kill their parents for money.""

"Geragos stated to Planet Chronicle Digital, "It's unbelievable," he exclaimed. "They were already living in opulence. It wasn't as if wealth or luxury was something they aspired to, because they were already wealthy. You can't get wealthier than Beverly Hills.""

The two lawyers agree that the brothers should have been charged with manslaughter instead of first-degree murder due to their alleged mistreatment, which would have resulted in shorter sentences that the brothers would have completed years ago.

Over 30 years, the brothers have been incarcerated, which is three times the maximum sentence for a voluntary manslaughter charge.

In their initial trial in 1993, the brothers asserted that their father threatened to kill them if they spoke out about the abuse they were enduring. Two relatives, including the brothers' cousin, Andy Cano, testified that Erik had confided in them about the abuse prior to Jose and Kitty's deaths on August 20, 1989.

The brothers were initially tried separately, with prosecutor Pam Bozanich arguing that "men could not be raped because they lack the necessary equipment to be raped," according to Yahoo News. Geragos corroborated this, explaining that, in the second trial, the prosecution "mocked" the brothers and said "the abuse didn't happen."

"I think people are going to be shocked." — Attorney Mark Geragos, in an interview with Planet Chronicle Digital

According to But Geragos, abuse at the hands of Jose Menendez did occur, and his wife, Kitty, was an enabler.

The attorney disclosed that Kitty had a rule that if Jose was with one of the boys in the bedroom, you couldn't go down the hall, which was quite different from the media's portrayal at the time.

After the killings of their parents, the brothers initially claimed an intruder was responsible. However, in the ensuing months, it was revealed that they had been spending extravagantly on travel, businesses, and luxury items.

In 1990, the Los Angeles Times reported that Erik confessed the killings to his psychologist, Jerome Oziel, who then told his then-mistress Judalon Smyth. When Oziel ended the relationship, Smyth informed the police about the brothers' involvement in the murders.

The brothers' trials ended in a mistrial as both juries were unable to determine whether the men were guilty of manslaughter or murder.

In the second trial, Judge Stanley Weisberg restricted testimony regarding the sexual abuse allegations and did not permit jurors to consider manslaughter charges rather than murder charges.

A letter discovered in a storage unit by Cano's mother, which was written by Erik Menendez to his cousin eight months before the 1988 crime, supports the men's claims of abuse.

"The letter states, "I've been trying to evade dad. Despite my efforts, it's becoming increasingly difficult, Andy. I'm constantly on edge, fearing that he might come in at any moment. He's erratic and has threatened me numerous times about revealing anything, especially to Lyle.""

Jose Menendez, an executive at RCA records at the time, allegedly abused Roy Rossello, a former member of Menudo, when he was between 14 and 15 years old.

In a 2023 affidavit, Rossello stated that he visited the Menendez home in the fall of 1983 or 1984. After consuming a glass of wine, he felt powerless over his body. According to Rossello, the elder Menendez took him to a room and sexually assaulted him. He also claimed that the elder Menendez abused him twice more, before and after a performance at Radio City Music Hall.

In May 2023, Gardner and Geragos filed a writ of habeas corpus petition, citing both the letter and the affidavit to assert that the brothers' convictions should be vacated.

The petition must be responded to by Los Angeles County District Attorney George Gascon by April 11.

If the brothers' convictions are overturned, the Los Angeles County District Attorney's Office will have to decide whether to retry their cases.

Geragos stated that he is confident Gascon's office will respond by the April 11 deadline. He also revealed that he is considering filing a re-sentencing petition to "time served" for the brothers with Planet Chronicle Digital.

Geragos stated that there is a possibility that you may receive a request for re-sentencing before April.

GET REAL TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB

The attorney's efforts are not only aimed at fixing a flawed criminal justice system, but also at highlighting the failures of other institutions, such as politics and the media, as Geragos refers to it as "media muck."

Geragos stated that the media mocked the jurors who heard the arguments in the first trial and voted for manslaughter, not murder.

The new Fox Nation series hears directly from one of those jurors.

"Hazel Thornton, a juror in the Menendez brothers' trial, revealed to Fox Nation that she didn't participate in any interviews for a long time and didn't discuss the case for 20 years. She stated that the documentaries about the case were either biased towards the prosecution or they were gathering their information from the internet. Thornton felt like she was constantly on the defensive due to her negative experiences with the media in the 1990s."

Thornton replied, "Although I have my doubts about the justice system, I have even more doubts about the media in certain situations."

Thornton highlighted the widespread belief, which she refers to as a "misconception," that Jose and Kitty were enjoying strawberries and ice cream in front of the TV when their sons suddenly shot them without any provocation. Numerous sources have contributed to and popularized this narrative.

According to a detective who testified at trial, the parents were not consuming any food when they died, and no food was discovered in the room.

The TV show "Villains and Victims" may challenge a common misconception among its viewers.

Geragos predicted on Planet Chronicle Digital that people would be shocked while watching.

Watch "Menendez Brothers: Villains or Victims" on Fox Nation to discover more about the case that has had a lasting impact on our culture.

Fox Nation subscribers can also watch "The Menendez Brothers: Monsters or Misunderstood?" featuring Mark Geragos, Judge Jeanine Pirro, and others.

Fox Nation programs are accessible on-demand and through a mobile app, but only for Fox Nation subscribers. To start a free trial and access the extensive library of content from your favorite Fox Nation personalities, visit Fox Nation. This report was contributed to by Planet Chronicle' Christina Coulter.