Menendez Brothers – Opinion From Kathy Cady on Menendez Brothers’ Appeal

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George Gascón’s selective compassion: Ignoring crime victims’ rights to protect his narrative

Crime victims have an unassailable right to be treated with respect, dignity, and compassion. Yet, George Gascón has shown a consistent and blatant disregard for this Constitutional right since taking office. He selectively engages with victims who support his policies, dismissing those who disagree as “uneducated.” This is not just a failure of leadership; it’s a fundamental betrayal of the victims and their families.

Nowhere is this more evident than in the heartbreaking case of Jose and Kitty Menendez, brutally murdered in their Beverly Hills home by their sons, Erik and Lyle. The Menendez brothers’ cold-blooded actions shattered their family and left a trail of grief that has persisted for decades. Jose was shot six times, and Kitty was shot ten times, including a shot to her face after Erik reloaded. Even Gascón acknowledges there’s no doubt about who committed this heinous act.

For years, the convictions of Erik and Lyle Menendez have been upheld by the courts. However, in May 2023, following a Netflix documentary about the case, the defense filed a petition, claiming “new evidence” warranted a re-examination. The case was assigned to a prosecutor within the DA’s office, who dutifully kept Kitty Menendez’s brother, Milton Andersen, informed for 17 months. Mr. Andersen believes justice was served, and his nephews should remain in prison.

On October 3, 2024, the LA Times ran a damning story about another case that has plagued Gascón’s tenure. In what can only be described as a desperate attempt to shift the narrative, Gascón hastily called a press conference to announce he was taking a second look at the Menendez case. Shockingly, Mr. Andersen was never informed that the case had been reassigned, nor was he given any notice about the press conference. He, like the rest of the public, learned of this decision through the media—a flagrant violation of his rights as a victim’s family member.

Days later, during a debate, Gascón claimed the press conference was in response to media inquiries dating back 17 months to the release of the Netflix documentary. This explanation rings hollow, especially when considering Gascón’s admission that he, personally, would decide the next steps in the case.

I know this firsthand because on October 14, Mr. Andersen asked me to represent him and assert his rights.  I formally requested a meeting with Gascón, exercising Mr. Andersen’s right under the California Constitution to be heard in decisions affecting his sister’s case. Gascón has not responded.  Instead, we have received a response informing us that, contrary to his statement at the debate, Gascon is, in fact, not personally handling the case.  The lack of clarity and transparency once again leaves Mr. Andersen in the dark.

Vanity Fair has reported that another press conference is planned, organized by family members of the Menendez brothers, a powerful show of unity that is overshadowed by Gascón’s glaring disregard for the voices of victims who don’t fit his narrative. The news of this press conference, set for October 16, only underscores Gascón’s consistent pattern of elevating victims who align with his views while silencing those who do not.

Mr. Andersen, like all victims’ families, has a Constitutional right to be informed, to have his voice heard, and to have his opinions considered in any decision about the case. He should not be learning about the future of his sister’s murder case through a magazine or a press release. Yet, Gascón has made it abundantly clear that he will ignore Mr. Andersen’s rights, dismissing him simply because his perspective doesn’t suit Gascón’s agenda. Mr. Andersen’s anguish is palpable—should he have to buy a subscription to Vanity Fair to learn about Gascón’s plans for the case?

George Gascón’s failure here is not just about legal procedures; it is about basic decency. It is about honoring the dignity of crime victims and their families, even when their views do not align with his policies. By ignoring Mr. Andersen, Gascón has once again shown that his true concern lies not with justice, but with his own narrative. Crime victims deserve better, and it’s time Gascón faced the consequences of his callous disregard.

Kathy Cady, a victims’ rights attorney at Dordulian Law Group, brings over three decades of legal expertise, including 31 years as a prosecutor with the Los Angeles County District Attorney’s Office.

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