♪ you and i got some reasons ♪ ♪ that we could leave right now ♪ ♪ i know there's none left for me ♪ ♪ but i just need to find out ♪ ♪ the future's coming for me and there's no breaking free ♪ ♪ time's the winner when fear's got you nailed to a tree ♪ ♪ the only way up for me is to break down ♪ [ cheers and applause ] thiss nightline. >> tonight, a major setback for the menendez brothers. >> the court should deny the

current habeas petition. >> the stunning development. putting the brakes on eric and lyle's hopes of leaving prison, where they've spent the last three decades for killing their parents. >> do you personally now believe that they were not sexually abused by at least jose menendez? >> a key piece of new evidence contested. but could they still go free? plus, accused health care ceo killer luigi mangione in court. a sea of supporters inside and outside court, chanting and waving signs. luigi. why? his legal team says he can't get a fair trial. and benjamin. benjamin bratt. >> you want to hug me? you want to smooch me? >> 25 years after miss congeniality. >> there are 16 year olds out there who go, oh my god, are you from miss congeniality? >> the actor is back and teaming up with boardwalk empire's gretchen mol for a movie about marriage. >> are you really going to use

any of this in your book? >> are you are dangerously close to becoming my favorite chapter. >> it's never too late to make changes in your life. >> what they say is the key to making their real life relationships work. >> i can't imagine a life without my wife and my children. they're the center of my they're the center of my universe.ay to cough. oh, no! bye, bye cough. later chest congestion. hello 12 hours of relief. 12 hours?! hmmm, ok. not coughing at yoga. antiquing not coughing? not coughing at the movies?! hashtag still not coughing?! aaah. oww! mucinex dm gives you 12 hours of relief from chest congestion and any type of cough, day or night. it's not cough season. it's always comeback season.

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>> good evening. thank you for joining us. i'm stephanie ramos. tonight, after 29 years into their life sentence, what seemed like a real path to freedom for eric and lyle menendez now hitting a roadblock. here's abc's matt gutman. >> hopes crushed, at least for now. and a new roadblock on the menendez brothers road to freedom. >> the court should deny the current habeas petition by the menendez brothers. >> the brothers were claiming that they did not get a fair trial or fair trials back in the 90s, and they've been denied over and over again. he wants them denied again. >> the los angeles district attorney, nathan hochman, says he will not support the brothers attempt for a new trial based on new evidence that they say shows their father sexually abused them. it was one of only three possible paths to the brothers release. >> we believe it's inconceivable, as we've argued in our papers and defies common sense, that if they had evidence that would show that that sexual abuse had been communicated not

just six years before the events, but nine months before the 1989 killings, that it would absolutely have come out during one or both of their testimonies. >> the brothers say years of sexual abuse by their father drove them to murder. that question continues to be at the center of the case. so having reviewed 50,000 pages of documents. et cetera. do you personally now believe that they were not sexually abused by at least jose menendez? >> what i believe is that they testified to that sexual abuse. they absolutely testified to it in great detail. i also understand that when it came to any corroborating information about that sexual abuse, it was extremely lacking. >> the brothers and their supporters were hoping that the d.a. was going to step in at this point and say, this evidence is so transformative that we're going to support the

defense's motion. the da is saying, i'm not going to go there. >> the decision is ultimately up to a judge in just a few weeks time. this is a discouraging development for lyle and erik menendez, both sentenced to life behind bars without the possibility of parole for the shotgun murders of their parents. especially after a year when so many watched or rewatched their story in the netflix documentary and the scripted series, all of it rallying support for the brothers. and just four months ago, la district attorney george gascon publicly called for their resentencing and release. you are recommending that they be released essentially immediately. >> recommending that they be released, because i believe that the people that they were at age 19 and 21 is not the same people that were seeing 35 years later. >> i believe before thanksgiving, they will be home. >> but gascon lost his seat in november, and when hochman took office, he hit the brakes.

>> he doesn't believe the new evidence and he doesn't think it's relevant. i believe it's very relevant, and i think it's powerful. >> robert rand is a journalist and author who helped uncover the new evidence the brothers hoped would free them after 35 years of incarceration. >> it's disappointing that d.a. hochman doesn't believe, apparently, that eric clapton and his were less than. >> erik menendez, describing the terror he lives with behind bars. to tmz's podcast two angry men. >> prison was hard for me. i faced a lot of bullying and trauma. there was it was a dangerous environment and i was picked on, bullied violently, and it was traumatic and it was continual. and i was separated from lyle and i remember the day that i was told lyle just got assaulted and got his jaw broken. and it was, i'm

thinking, he's over there, i'm going through this over here. and at least we could protect each other, maybe if we were together. but we were not even allowed to be together. >> what's the problem? what's the problem? is that i kill my parents. pardon me. >> so it was from the jump at one of the biggest cases in los angeles and in the country. no one could believe that these two young men had killed their parents this way. >> it was a shocking beverly hills double murder. a prominent husband and wife gunned down by their own children in cold blood. >> entertainment executive jose menendez and his wife were slain in the family room of their beverly hills mansion. >> eric and lyle menendez, the sharp jawed, brooding brothers. >> there was something deeply evil about it that scared people. >> i'm just a normal kid.

>> oh, you're a normal kid who killed your parents. >> i know. >> remember, this was not a whodunit. this was why. >> physical, verbal, psychological, sexual abuse that went on for years. >> lyle and erik menendez are stone cold murderers. abuse does not justify a revenge killing. never, never, never ever. >> now, in the eyes of many, the menendez brothers have seemingly gone from public enemies to victims, all as a powerful movement builds online to set the brothers free. >> but ten years would have been enough. they didn't need to do life without parole. >> given all the love i feel for you. >> young people today want to stand up for victims of abuse. >> prison reform advocate kim kardashian and actor rosie o'donnell, who's friends with the brothers, are calling for their release. >> they were not horrible kids.

they were severely, sadistically tortured by a pedophile predator father and a very compliant and also involved mother who had no interest in them. >> did you think what was happening with you and your father was normal or abnormal? >> i knew it was extremely abnormal, and i wasn't going to let anyone find out. >> in their 1993 trial, allegations of sexual abuse by jose laid bare in testimony. abuse the brothers say their mother enabled. >> i just told him that i didn't want to do this and that it hurt me. and he said that mean to hurt me and he loved me. >> the menendez brothers saga, now being looked at through a contemporary lens, at a trauma barely understood at the time that men could be sexually abused to. >> i have always thought that if

the menendez brothers were the menendez sisters, they'd be free today, would have been convicted. but an abuse victim often gets some kind of clemency. >> but some, like alan abramson, who covered the trial for the la times, still believe the brothers killed for money and that the jury got it right. given the brothers lavish spending spree. >> the parents were sitting in the den watching tv. where did they have any weapons? no. >> i thought that when lyle described the killing of his mother, that a normal jury would find it reprehensible and convict him. you know, we loved our mother. oh, yeah. really? you loved your mother. you blew her up. >> milton anderson, an uncle of eric and lyle, previously said the brothers should not be released, saying in a statement when eric and lyle menendez executed their parents, kitty and jose menendez, they not only cut short two lives, they also shattered an entire family and

that their motive was pure greed. >> the question about whether or not the menendez brothers should be free will ultimately be a court question. >> tonight, the menendez family issuing a scathing statement calling hochman's decision a disappointment, writing he is not just dismissing eric and lyle's experiences, he is silencing survivors everywhere who know what it's like to be disbelieved, ignored and retraumatized by a system designed to protect them. hochman says he'll have more to say in the coming weeks, as he considers whether to recommend any resentencing of the brothers. have you actually made a decision on re-sentencing yet? >> no, we've not made a final decision on re-sentencing because not only are we considering all the trial information that we explained today, but we're going to put an overlay on the focus of rehabilitation. >> there is still the possibility that the d.a. could support a motion to reduce their sentence, and that's always been

their best hope. >> and one thing he says he'll consider before next month's resentencing hearing. the menendez family. >> that certainly is a factor. it's a factor that we're obligated to consider. ultimately, it's the judge that makes that final decision. >> there's only one other route to freedom for the brothers, and that all depends on california's governor. >> the one big unknown here is what governor gavin newsom is going to do. the brothers have asked for clemency from the governor. the governor made a pretty quick decision a number of weeks ago, saying he was not going to give them clemency, but he also left the door open to maybe down the road. he would. >> our thanks to matt for much more on this story. watch. impact by nightline. menendez brothers monsters are victims now streaming on hulu. when we come back, accused ceo killer luigi mangione in court. plus, we switch gears. benjamin bratt returns in a new film. why? the miss congeniality heartthrob says he knows a thing or two

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watched newscast. >> welcome back everyone. among his many memorable characters, actor benjamin bratt won over hearts, costarring with sandra bullock. now, he and gretchen mol are pairing up in a new drama where complicated relationships are on the line. welcome, guys. >> thank you for having us. >> okay, so before we get started to talk about mila's and marriage, do you want to take a trip down memory lane really quickly with you, benjamin? so, miss congeniality, classic rom com, one of my favorite movies. it debuted 25 years ago.

>> you want to hug me? you want to smooch me? you want to? >> what do you think? is it about this film that has transcended generations? >> i think it's sort of. it doesn't take itself too seriously, and i think that remains timeless. i mean, it's eternally funny. there are 16 year olds out there who still come up to me on the street and go, oh my god, are you from miss congeniality? >> so, gretchen, let's talk about mila's and marriage. tell us about the film. >> well, it's three siblings. julianna margulies, myself and ed burns. and we're all in various stages of difficulty in our relationships and kind of coming out the other side of raising children and having an empty nest and really asking about who we are. have you given up your dreams? and in the case of my character, she kind of has

sort of buried them. and then she meets this gentleman and it kind of shines a light on a part of her that she kind of put away for a while. >> i think it will have particular resonance with, with folks who are in middle age, who perhaps are empty nesters. we never really ponder what it's like when you get to this point where you are, and you can't really conceive of what that might be like until you're actually in it. it becomes really a kind of an existential exercise in coming up with that answer. is the answer internal or is it external? do you find satisfaction in relationships that are unhealthy? do you stay with them because they're comfortable? >> it can be very complicated. and we see that in the film. we actually have a clip. let's go ahead and play it. >> you know, i have to tell you, you did inspire me. you know, that day after we had that first interview, i went home and i just started writing, and i wrote the first song that i've

written in years. >> it's amazing. good for you. see, i told you, it's never too late. >> it's never too late. your on screen relationship resembles an affair. yet audiences are rooting for the two of you. so how did you walk that fine line? >> well, it's interesting because she's, as viewers, learn rather quickly in a very dysfunctional relationship with an alcoholic husband who's not very supportive of her. and along comes this guy who it does. >> that helps your cause. >> along comes a guy who who obviously is physically attracted to her, but he's also at the same time genuinely interested in who she is as a person and in particular, who she is as an artist. i think that's what all of us out there really want is this notion, or understanding that there are people who really care about us. >> being seen, that. >> you're being seen. >> and heard. and i have to say that that is something that you, benjamin bratt, brought to the character, that it didn't necessarily read that way on the

page. >> gretchen, i don't want to spoil this, but at the end of the film, your character and another female lead both pick themselves and their own future. what type of message is that sending to viewers? >> i think that it's never too late to make changes in your life and. and to keep dreaming. keeping your dreams alive. which i think might sound a little bit corny, but you do get to different stages in your life where you think, okay, i laid down a certain track and it's really scary sometimes to change that. >> has this film made you reevaluate your path, your life, or solidify the point that you're at in your lives? >> it's really, for me, a comfort to live in a story that that has real personal resonance. there are a lot of films being made for people in their 50s and in their 60s. you know, we live in a very youth obsessed and work with, in a very youth obsessed industry. and, you know, for that alone, i

think there is a whole slew of the population out there that will really appreciate the honesty of this film and the story that it tries to tell about our existence. >> both your characters may not be able to answer this, but what what has been the key to a successful, happy marriage? both of you have been married for decades. so what would you say has been that that connection? >> i think humility, that the only thing that's for sure is that nothing is for sure. so you don't take each other for granted. >> if you're going to seek out a loving, romantic relationship, you have to do it with diligence and intentionality in your love communication. devote yourself to open, honest dialog, because what's undeniable is change will always come about, you know? but you have to talk. you have to communicate. >> benjamin bratt, gretchen mol. thank you both for joining us. miller's in marriage is now playing in theaters everywhere

and on digital. when we come back, a story making big headlines. luigi mangione, accused of killing unitedhealthcare ceo brian thompson, making his first court thompson, making his first court appearance in more than rely on tiktok to compete. within a week of posting, i had over $25,000 in sales. i don't have a million dollars to put towards marketing and branding. tiktok was the way and it saved my company. we had a video do really good this week. sales were up 29%. about 80% of my business right now is from tiktok. small businesses thrive on tiktok. tiktok brings in so much foot traffic. i need tiktok to keep growing. we have so much more work to do. some people have minor joint pain plus certain stomach problems. they may not be able to take just anything for pain. that's why doctors recommend tylenol. it won't irritate your stomach the way aleve, advil or motrin can. for trusted relief, trust tylenol. when winter season hits emergen-c supports your immune system

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>> finally, tonight, luigi mangione in court. luigi outside the courthouse in new york city. a crowd many angry at the health care system, hoping to catch a glimpse of mangione, accused of killing united health care ceo brian thompson. >> stop denying. >> supporters packing the hallway outside the status hearing. where inside? mangione, who has pled not guilty to all charges, wore a bulletproof vest. his bare ankles shackled above his loafers. those images quickly going viral, but his attorney arguing the look will make it hard for him to get a fair trial. >> he is. >> being publicly treated as guilty and as having the presumption of guilt, as opposed to the presumption of innocence. >> that's nightline. you can watch all of our full episodes on hulu. we'll see you right back here at the same time on monday. thanks for staying up with