Who is Cliff Gardner? Attorney who filed petition to review evidence in Erik and Lyle Menendez case
10/25/2024 09:54 AM
NEW evidence means the Menendez brothers could be out on parole by the end of 2024 after 35 years behind bars for murdering their parents.
Here we get to know Cliff Gardener, the lawyer who presented the findings that could ultimately lead to Erik and Lyle’s release.
Cliff is a prominent appellate attorney who has played a crucial role in the ongoing legal saga of the Menendez brothers.
He has been instrumental in bringing new evidence to light and advocating for a review of their case.
Background
Cliff is known for his extensive experience in appellate litigation.
His law office focuses on appellate work and has been involved in several high-profile criminal cases.
An appellate lawyer is an attorney who specializes in handling appeals after a case has gone to trial.
They review the trial record, understand the rules for appeal and present arguments to higher courts in an attempt to overturn or modify lower court decisions.
Menendez case
In May 2023, Cliff filed a habeas corpus petition on behalf of Erik and Lyle Menendez, requesting that their convictions be vacated.
A habeas petition is a legal document challenging the legality of a conviction or sentence, arguing the prisoner’s rights were violated during the criminal proceedings.
This legal move was based on what Cliff claimed was new evidence proving that the brothers had been truthful about the abuse they suffered at the hands of their father.
New evidence
Cliff’s petition highlighted two key pieces of new evidence.
The first was a letter allegedly written by Erik Menendez to his cousin Andy Cano in December 1988, about eight months before the killings.
It suggests ongoing abuse, with Menendez writing: “I’ve been trying to avoid dad. It’s still happening, Andy, but it’s worse for me now… Every night I stay up thinking he might come in.”
Secondly, a sworn affidavit from Roy Rossello, a former member of the Puerto Rican boy band Menudo, alleging that he was also sexually abused by Jose Menendez in the early 1980s.
Strategy
Cliff’s approach has been to argue that the Menendez brothers’ case should be considered a manslaughter case rather than a murder case, given the context of lifelong abuse.
He has stated: “The boys were abused as children. They were abused their whole life… And this is a manslaughter case, not a murder case. It’s just that simple.”
Impact
On October 24, 2024, Los Angeles County District Attorney George Gascón announced that he would ask the court for resentencing in the case of Erik and Lyle Menendez.
This decision could potentially lead to the brothers becoming eligible for parole, a significant shift in their legal situation.
The recommendation for resentencing in the Menendez brothers‘ case will ultimately be decided by a judge, with the hearing scheduled for November 26, 2024.
Erik Menendez's letter to his cousin
A hand written letter Erik Menendez wrote to his cousin about his dad's alleged abuse has sparked a review of the case that could set him and his brother free from jail.
Erik’s letter was written in December 1988, eight months before the double murders in August 1989.
The letter reads in full:
“I’ve been trying to avoid dad. It’s still happening, Andy, but it’s worse for me now. I can’t explain it. He so overweight that I can’t stand to see him.
“I never know when it’s going to happen and it’s driving me crazy. Every night I stay up thinking he might come in.
“I need to put it out of my mind. I know what you said before but I’m afraid. You just don’t know dad like I do. He’s crazy!
“He's warned me a hundred times about telling anyone, especially Lyle.
“Am I a serious whimpus? I don't know I'll make it through this. I can handle it, Andy. I need to stop thinking about it.”
