Los Angeles County District Attorney George Gascón announced on Thursday that he will seek a resentencing for Lyle and Erik Menendez, who were convicted of murdering their parents, potentially allowing their release after spending decades in prison.
Gascón filed a motion later that day proposing that the brothers be resentenced to a term of 50 years to life, as they are currently serving life sentences without the possibility of parole. The final decision on this motion will be made by a Superior Court judge.
The DA noted that since the brothers were under 26 at the time of the murders, they could be eligible for parole immediately if the judge accepts the resentencing recommendation. As of Thursday night, a date for the hearing had not been scheduled.
In 1989, Lyle and Erik Menendez shot and killed their parents, José Menendez and Kitty Menendez, in their Beverly Hills home when Lyle was 21 and Erik was 18. During their trials, the defense claimed the brothers had been sexually abused by their father, leading to their conviction for first-degree murder and subsequent life sentences without the possibility of parole.
Gascón indicated that opinions within his office on the matter varied. He stated, “There are people in the office that strongly believe that the Menendez brothers should stay in prison for the rest of their lives, and they do not believe that they were molested. And there are others who believe they should be released immediately.”
He expressed his belief that the Menendez brothers have paid their debt to society. This announcement follows Gascón’s earlier statement indicating that his office was reviewing the case to determine if resentencing was warranted.
Part of the evidence reviewed by Gascón’s office included a letter from one brother alleging sexual abuse, as well as claims made by former Menudo band member Roy Rosselló that he was sexually abused by José Menendez.
In his resentencing motion, Gascón argued that the Menendez brothers no longer pose a threat to public safety, stating that public safety practices have evolved since their original sentencing.
Anamaria Baralt, José Menendez’s niece, praised Gascón’s decision, expressing hope and gratitude on behalf of the family. “Together, we can make sure that Erik and Lyle receive the justice they deserve and finally come home,” she said.
The brothers’ attorney, Mark Geragos, described the recommendation as a significant step toward their freedom. The brothers had previously filed petitions for resentencing and habeas corpus, suggesting that a different outcome could have resulted from new evidence at their original trial.
Opposition to the resentencing has emerged from family members of the victims, with Milton Andersen, Kitty Menendez’s brother, expressing disagreement with the notion of reduced sentences for the brothers, believing their motives were financially driven.
Gascón’s Resentencing Unit, established to address over-incarceration, has reviewed a total of 705 cases, resulting in 332 resentencings since its inception in April 2021.
Recently, approximately 20 family members of the Menendez brothers rallied in support of their release, stating justice has been served after over 35 years of imprisonment. They argued that the brothers had been victimized by a judicial system that failed to recognize the complexities of abuse.
Joan Andersen VanderMolen, Kitty Menendez’s sister, acknowledged her difficulty in coming to terms with the initial slayings, but emphasized that new insights into the brothers’ abuse suggest their actions were a desperate response by two boys seeking to escape their father’s cruelty. “It’s time to give them the opportunity to live the rest of their lives free from the shadow of their past,” she said.