Over thirty years since Lyle and Erik Menendez were found guilty of killing their parents and received life sentences without parole, the brothers believe they may have a chance for release.
On Friday, Los Angeles District Attorney George Gascón will suggest that a judge alter the sentences of the siblings. This recommendation follows a thorough review prompted by defense lawyers who claimed in 2023 to have uncovered new evidence indicating their father had abused them.
I cannot condone murder in any form, especially not the horrific, premeditated acts that occurred, Gascón stated on Thursday. At the time of their trial, they received sentences that were fitting for their crimes: life in prison without the chance of parole. However, considering the current legal framework and our evaluation of how they have behaved while incarcerated, I believe they should be given a chance for re-assessment and possibly a path to reintegration into society.
In approximately 30 to 45 days, a hearing regarding this issue may take place, during which a judge from the Los Angeles Superior Court will make the final determination on whether the brothers will face a new sentencing. Gascón expressed his backing for their resentencing to life with the option of parole, which typically entails a prison term of 50 years to life. However, since the offenses occurred when the brothers were under the age of 26, they qualify for youthful parole according to California legislation.
Gascón’s praised the brothers as model inmates and conveyed his belief that they have a good opportunity for parole if their situation is brought before the parole board. An attorney for one of the brothers expressed optimism about their potential return home by Thanksgiving.
The case is being revisited over 35 years after the tragic shooting of Jose and Kitty Menendez in their Beverly Hills home in 1989. Their sons, aged 21 and 18 at the time, were taken into custody less than a year later, in 1990, and found guilty of first-degree murder in 1996.
During the highly publicized trials, the brothers acknowledged that they had killed their parents but contended that their actions were justifiable as self-defense, citing a history of physical and sexual abuse inflicted by their father. The initial trial, notable for being one of the first to be broadcast on television, resulted in a mistrial due to jurors being unable to reach a unanimous decision on the charges. In the subsequent trial, significant portions of the defense’s evidence regarding the alleged sexual abuse were not permitted, leading to their conviction in 1996 and subsequent life sentences in prison.
Several elements contributed to the recommendation for resentencing; however, it is still unclear if the brothers, who are now in their 50s, will be granted release from prison. Below is an overview of the factors that influenced this decision and potential future developments:
What influenced the DA’s choice?
Gascón expressed to Stephanie Elam on Thursday that while he thinks Lyle and Erik Menendez received a fair sentence over thirty years ago, they should be given an opportunity for their case to be reassessed. He indicated his belief that the brothers were victims of sexual abuse before the murders and noted that they have already spent a significant amount of time in prison.
Gascón revealed that he reached his decision only an hour prior to his Thursday announcement, citing significant disagreements among his staff regarding the case. He explained that several elements influenced the recommendation for a resentencing, particularly the strong statements from various family members indicating not only the possibility of sexual abuse but also describing the home environment as severely dysfunctional and abusive over many years.
He stated that he thinks they have completed their sentence.
The case was reopened for review by Gasc after the Menendez brothers’ lawyers submitted a habeas corpus petition in 2023. They claimed to have new evidence and pointed to a recent California law regarding resentencing that allows the court to consider sentences from similar cases.
The 2023 petition presented new evidence for the court’s review, including a sworn declaration from Roy Rossell, a former member of the Menudo boy band. He claimed that Jose Menendez sexually abused him back in the 1980s. Additionally, the lawyers pointed out that a letter Erik Menendez sent to a cousin just months prior to the murders hints at the abuse he suffered.
Gascón, who is seeking reelection next month with a focus on sentencing reform, expressed that there has been a shift in the way both the public and the judicial system address victims of sexual abuse.
The district attorney’s office also considered the brothers’ behavior while incarcerated, and they have “shown tremendous amount of efforts to rehabilitate,” Gascón said.
According to various sources, they have demonstrated exemplary behavior as inmates. In addition to focusing on their personal growth, they have actively contributed to enhancing the lives of fellow prisoners, which is quite rare. Gasc mentioned that these individuals established groups aimed at addressing untreated trauma and providing assistance to inmates with physical disabilities.
Referencing the behavior of the brothers over the past thirty years while incarcerated, Gasc n expressed his belief that there is a significant chance they will be granted parole.
Their actions were terrible. They planned the murder of their parents and carried it out. However, I believe they have changed significantly since then, and our judgment should reflect their behavior over the past 35 years, Gascón stated.
In response to the growing criticism from detractors who claimed that revisiting the Menendez brothers’ sentence was a politically motivated action, Gascón stated that there is no political agenda behind it. He emphasized that since he assumed office in December 2020, over 300 resentencings have been conducted in the county, with 28 of those cases involving murder.
Lawyers are optimistic about being granted their release before Thanksgiving.
The ruling on Thursday offered a glimmer of optimism for the attorneys and family of the brothers, who expressed their belief that the men may soon be able to reconnect with their loved ones and experience life beyond prison walls.
Mark Geragos, one of the attorneys for the brothers, stated on Thursday that he expects they will be back home before Thanksgiving.
Cliff Gardner expressed appreciation for the district attorney’s acknowledgment of both the remarkable impact Erik and Lyle have had during their time in prison and the influence of sexual abuse on their behavior.
Cliff Gardner expressed appreciation for the district attorney’s acknowledgment of both the remarkable impact Erik and Lyle have had during their time in prison and the influence of sexual abuse on their behavior.
She mentioned that her unit will work together with the defense and court personnel to establish dates for upcoming hearings. After a date is determined, the defense has the option to choose whether the brothers will be present in the courtroom or attend through video conferencing. At that point, all arguments and evidence will be considered. According to Theberge, the judge will issue a decision based on what has been presented.
We’re only at the beginning of the process, she remarked.
In addition to the resentencing suggestion, the habeas corpus petition that was submitted last year is set for a hearing in November. According to the petition, the defense is requesting that the court either overturn the brothers’ conviction and sentence or allow for discovery and an evidentiary hearing where they can present evidence.
However, if the defense attorneys concur with the District Attorney’s request for resentencing, they might choose to retract their petition. This would also render the petition irrelevant if the court approves the resentencing, Gascón stated on Thursday.
I disagree with the points made regarding the habeas petition. In my view, the conviction was justified based on the evidence presented, as Gascón stated. However, I do believe that resentencing offers a suitable opportunity for them to seek some form of relief.
A day brimming with optimism for our family.
The narrative of the brothers has gained renewed attention after the debut of the Netflix series, Monsters: The Lyle and Erik Menendez Story, co-created by Ryan Murphy and Ian Brennan, in September. Additionally, this month Netflix unveiled a documentary about the Menendez case that includes interviews with both brothers reflecting on the events that prompted the murders.
Nery Ynclan, the executive producer of the docuseries Menendez Menudo: Boys Betrayed, described it as a remarkable day for the Menendez brothers.
Ynclan informed Laura Coates on Thursday night that they had long since depleted their options for appeals. The prospect of freedom seemed utterly hopeless for them, and only the emergence of new, persuasive evidence could potentially provide a glimmer of hope.
Kim Kardashian, a well-known figure and advocate for criminal justice reform, expressed her gratitude to Gascón for addressing a major injustice, having openly supported the brothers throughout the process.
“Your commitment to truth and fairness is commendable,” she wrote in a statement posted on Instagram stories. “This case highlights the importance of challenging decisions and seeking truth, even when guilt is not in question.”
Anamaria Baralt, the niece of Jose Menendez, described Gascón decision as courageous and essential.
This day brings a sense of optimism for our family, she stated on Thursday. By standing united, we can ensure that Erik and Lyle get the justice they need and ultimately return home.