Los Angeles County District Attorney George Gascón announced on Thursday that he intends to seek resentencing for Lyle and Erik Menendez, who were convicted of murdering their parents, potentially paving the way for their release after decades in prison.
Gascón stated he would submit paperwork on Friday to recommend that the brothers’ life sentences without the possibility of parole be reconsidered, allowing for a new sentencing for the murders. The final decision will be made by a Superior Court judge.
Currently, there are no specific timelines or court hearings scheduled related to the filing.
Gascón explained that since the Menendez brothers were under 26 years old at the time of the murders, they could be eligible for parole if a judge accepts his recommendation for resentencing.
He noted that his recommendation is not unanimously supported within his office. Some colleagues believe that the Menendez brothers should remain incarcerated for life, while others feel they should be released, citing the brothers’ claims of having been sexually abused.
“I believe that they have paid their debt to society,” Gascón remarked.
Joseph “Lyle” Menendez and Erik Menendez shot and killed their parents, José and Kitty Menendez, in their Beverly Hills home in 1989. At the time of the crime, Lyle was 21, and Erik was 18.
Defense attorneys argued that the brothers were victims of sexual abuse by their father. Despite this, they were convicted of murder after two trials and received life sentences without the possibility of parole.
Gascón’s announcement follows three weeks after his office began reviewing the case to determine if resentencing was appropriate. He emphasized a moral and ethical duty to reassess the claims presented to his office.
Evidence submitted for review included a letter from one of the brothers alleging sexual abuse and testimonies from a member of the pop band Menudo, who claimed he was also abused by José Menendez.
Anamaria Baralt, José Menendez’s niece, expressed support for Gascón’s decision, stating the family is united in hope that the brothers will receive the justice they deserve.
The brothers’ attorney, Mark Geragos, hailed the DA’s recommendation, calling it a significant step towards their freedom.
Initially, the brothers presented allegations of abuse during their first trial, which ended in a mistrial due to jury deadlock. The second trial limited the discussion of abuse, resulting in their conviction in 1996.
Lyle Menendez is now 56, and Erik is 53. They have filed petitions for both habeas corpus and resentencing, arguing that their trial outcome might have differed if certain evidence had been presented.
California law permits prosecutors to evaluate if a person has reformed and subsequently request a court to reconsider sentencing.
Prosecutors initially suggested the brothers killed their parents out of greed to inherit their wealth, an assertion opposed by relatives of Kitty Menendez, who argue against any early release.
Milton Andersen, Kitty’s brother, formally objected to the resentencing and any accommodations related to the habeas claims, asserting that the brothers act out of greed.
The DA’s Resentencing Unit, which began operations in April 2021 to tackle issues of over-incarceration, has reviewed numerous cases, leading to multiple resentencings.
Last week, around 20 family members of the Menendez brothers rallied in downtown Los Angeles, advocating for their release after spending over 35 years in prison, highlighting the injustice they contend has followed the brothers.
Family members argue that Lyle and Erik have suffered from a society and legal system that failed to understand the implications of their experiences as young victims of sexual abuse. They assert that the brothers deserve a second chance, especially given modern understandings of abuse and trauma.
Joan Andersen VanderMolen, another family member, expressed that as more information about the brothers’ abuse becomes available, it is clear their actions were a desperate attempt to escape their father’s cruelty. She urged that they should be allowed to live free of their past.