Los Angeles County District Attorney George Gascón announced on Thursday that he will seek to have Lyle and Erik Menendez resentenced for their parents’ murders, potentially allowing for their release from prison after many years.
Gascón filed a motion later in the day, recommending that they be resentenced to 50 years to life. The Menendez brothers are currently serving life sentences without the possibility of parole. A Superior Court judge will ultimately decide their fate.
According to Gascón, since the brothers were under 26 at the time of the murders, they would qualify for immediate parole if a judge accepts his recommendation for resentencing. There was no hearing date set as of Thursday night.
The brothers were convicted of shooting their parents, entertainment executive José Menendez and Kitty Menendez, with shotguns in their Beverly Hills home in 1989. At the time, Lyle was 21 and Erik was 18.
Defense attorneys argued that the brothers had been victims of sexual abuse by their father. After two trials, they were convicted and sentenced to life without parole.
Gascón indicated that not everyone in his office supports the move for resentencing. “There are people in the office that strongly believe that the Menendez brothers should stay in prison for the rest of their lives and do not believe that they were molested,” he noted. Conversely, some strongly support their release, believing the brothers were indeed abused. Gascón stated, “I believe that they have paid their debt to society.”
This announcement comes three weeks after Gascón mentioned that his office was reviewing the case to consider a potential resentencing. As he seeks re-election next month, he emphasized the moral and ethical obligation to reassess the evidence presented to him.
The evidence included a letter from one brother alleging sexual abuse and claims from a former member of the Menudo boy band, Roy Rosselló, who stated he was sexually assaulted by José Menendez.
In the motion for resentencing, Gascón argued that the Menendez brothers no longer pose a public safety risk. He pointed out that when the brothers were sentenced in 1996, the standards for public safety were different from today.
Anamaria Baralt, niece of José Menendez, praised Gascón’s decision, expressing hope that the brothers will receive the justice they deserve.
Following the DA’s recommendation, attorney Mark Geragos advocated for the brothers, calling it a significant victory towards their freedom.
During their first trial, allegations of sexual abuse were presented, but the trial ended in a mistrial. In the second trial, those allegations were constrained, leading to their conviction in 1996.
Lyle Menendez is currently 56 years old, and Erik is 53. The brothers have submitted petitions for habeas relief and resentencing. California law provides a mechanism for prosecutors to assess rehabilitation and seek resentencing.
Opposition has arisen from family members of the victims. Milton Andersen, Kitty Menendez’s brother, expressed his disapproval of any early release in a letter, asserting that the brothers’ motive was greed.
The DA’s Resentencing Unit, established to tackle the issue of over-incarceration, handled the Menendez case submission. Since its formation, it has reviewed or is reviewing 705 cases, resulting in 332 resentencings.
Recently, around 20 members of the Menendez family rallied in support of the brothers, highlighting their argument that justice has been served after more than 35 years in prison. Family members believe that the judicial system failed to recognize the trauma the brothers suffered as young victims of abuse.
Joan Andersen VanderMolen, Kitty Menendez’s sister, reflected on the brothers’ actions as a desperate response to their father’s cruelty, stating that they were just children who needed protection. She noted that they have already paid a high price and urged for an opportunity for them to live free from the burden of their past.