Menendez Brothers’ Future in Limbo: Could They Walk Free?

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Los Angeles County District Attorney George Gascón announced on Thursday his intention to seek resentencing for Lyle and Erik Menendez, who were convicted of killing their parents, potentially setting the stage for their release from prison after many years.

Gascón filed a motion later that day requesting that the brothers be resentenced to 50 years to life in prison. Currently, they are serving life sentences without the possibility of parole. A Superior Court judge will ultimately decide the outcome of the motion.

The District Attorney noted that since the brothers were under 26 years old at the time of the crime, they could be eligible for parole immediately if the court accepts his recommendation for resentencing. Lyle and Erik Menendez fatally shot their parents, José and Kitty Menendez, in their Beverly Hills home in 1989 when they were 21 and 18 years old, respectively.

Throughout their trials, the defense argued that the brothers were victims of sexual abuse by their father. After two trials resulted in convictions, the brothers were given life sentences without the possibility of parole in 1996.

Gascón acknowledged that his recommendation for resentencing is not unanimously supported within his office, stating, “There are people in the office that strongly believe that the Menendez brothers should stay in prison the rest of their lives, and they do not believe that they were molested.” He contended, however, that he believes the brothers have paid their debt to society.

This development follows Gascón’s announcement three weeks prior that his office was reviewing the case for potential resentencing. He expressed a moral obligation to assess the evidence presented, which included a letter from one of the brothers alleging sexual abuse, along with testimony from a former member of the Menudo boy band about his own abuse by José Menendez.

In Gascón’s motion for resentencing, he argued that the Menendez brothers no longer pose a risk to public safety, referencing how standards for public safety have changed since their sentencing.

Anamaria Baralt, José Menendez’s niece, praised Gascón’s decision, expressing hope that the brothers will finally receive the justice they deserve. Their attorney Mark Geragos also celebrated the DA’s recommendation, calling it a monumental victory towards their potential freedom.

The brothers previously raised allegations of abuse during their first trial, which ended in a mistrial due to a deadlocked jury. At their second trial, those allegations were not fully addressed, leading to their 1996 murder convictions.

Currently, Lyle Menendez is 56, and Erik Menendez is 53. They have filed petitions for both habeas relief and resentencing, asserting that the outcome could have been different had certain evidence been presented at trial.

Opposition has also been voiced. Milton Andersen, Kitty Menendez’s brother, expressed disapproval of early release for the Menendez brothers, saying in a letter to Gascón that their motives were founded on greed.

The recommendation came from the DA’s Resentencing Unit, established in April 2021 to tackle issues of over-incarceration. The unit has been reviewing numerous cases, resulting in a significant number of resentencings.

Recently, a group of Menendez family members rallied in downtown Los Angeles, advocating for the brothers’ release and emphasizing that justice has been served through their lengthy incarceration. They argue that the societal understanding of abuse has evolved, and that if the case were tried today, the outcome would likely differ.

Joan Andersen VanderMolen, Kitty Menendez’s sister, reflected on the brothers’ past trauma, framing their actions as a desperate attempt to escape their suffering. She asserted, “They have already paid a heavy price,” calling for an opportunity for them to live free from their past.

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