Family of Erik and Lyle Menendez File Complaint Against District Attorney for Marsy’s Law Violations Following Graphic Courtroom Display

Victims’ Family argues DA treated them as “second-class victims” and ignored their constitutional rights

LOS ANGELES, CA – Justice for Erik and Lyle Coalition, a family-led initiative advocating for the release of Erik and Lyle Menendez, today announced that a formal complaint and motion has been filed to compel the Los Angeles District Attorney’s Office to comply with Marsy’s Law. The filing follows the DA’s unexpected and graphic display of crime scene photographs at an April 11 court hearing – display that continues to re-traumatize the victims’ family and led to Terry Baralt’s hospitalization. 

The motion, filed in Los Angeles Superior Court, accuses the District Attorney’s office of violating the family’s constitutional rights. The family is asking the court to hold the DA’s office accountable and require advance notice before any future exhibits are introduced.

“We never imagined we would have to fight to be treated with respect and dignity. But last Friday, our entire family was once again blindsided. Without warning, the District Attorney’s Office displayed gruesome, graphic photos of our loved ones’ bodies. No heads-up, no compassion, no humanity. Our entire family was re-traumatized first by the graphic display and again, when Terry was hospitalized shortly after. She remains in the ICU today.

Marsy’s Law is supposed to protect victims, ALL victims. Ironically, the person responsible for ensuring our rights are protected is the DA’s victim’s services coordinator. Kathy Cady is the one responsible, however given her clear conflict of interest, the DA was supposed to appoint a non-biased coordinator for our family, which has yet to happen. 

Instead, the DA’s office seems to think that because we have forgiven Erik and Lyle, and believe in their rehabilitation, that we therefore lose the right to be treated with fairness and respect. That we are not both survivors and victims. That we somehow deserve to be re-traumatized and treated like second-class victims. People may disagree with us. We understand that. But disagreement should never mean we lose our rights. 

We lost José and Kitty, and we live with that grief every single day. But we also now know the years of suffering and trauma that Erik and Lyle went through that none of us fully understood at the time. That doesn’t mean that we condone their behavior, it doesn’t mean that Erik and Lyle don’t live with regret every single day, that they haven’t apologized to all of us – having spent the last 35 years becoming better men worthy of a second chance at life. It also doesn’t mean that we’ve stopped mourning. It means we’ve chosen to hold space for both loss and forgiveness.

Life is not black and white. It is messy and painful and complicated. But believing in redemption doesn’t mean we’ve stopped being victims. It doesn’t mean we should be treated with contempt.  

We’re asking the court to recognize that our constitutional rights matter and to ensure that the District Attorney’s office follows the very letter of the law they are charged with to uphold.”

Complaint Summary:

• Family members of victims Kitty and José Menendez have filed a motion to compel the Los Angeles District Attorney's Office to comply with Marsy's Law. 

• The motion argues that the DA's unexpected display of gruesome crime scene photos at a post-conviction proceeding on April 11, 2025, caused severe emotional distress to the family, violating their rights to be treated with fairness, respect, and freedom from intimidation. It also violated their rights to receive reasonable notice of public proceedings.

• The family requests the court to admonish the DA's office and mandate advance notice of any future exhibits in the Menendez case.

• Terry Baralt, the 85-year-old sister of victim José Menendez, "experienced such severe emotional distress from witnessing the lurid photographs that she was hospitalized shortly thereafter" and remained hospitalized as of the date of the motion.

• The motion alleges that the District Attorney's actions were "gratuitous and needlessly displayed" and served no legitimate purpose other than to "inflame emotions to achieve maximum 'shock' value."

• The motion suggests that the District Attorney's treatment of the family members as "second-class victims" was due to a policy disagreement between District Attorney Hochman and the family.

To learn more about the Justice for Erik and Lyle Coalition and support our efforts, visit www.justiceforerikandlyle.org.