Los Angeles County District Attorney Recommends Resentencing for Menendez Brothers. Will They Go Free?
Lyle and Erik Menendez were convicted of the first-degree murders of their parents in 1996
Los Angeles County District Attorney George Gascón will recommended that Erik and Lyle Menendez, who are serving life sentences for the shotgun murders of their parents Jose and Kitty more than 30 years ago, be resentenced.
Gascón announced on Thursday, Oct. 24, that his office will ask Los Angeles Superior Court judge to resentence Lyle, 56, and Erik, 53.
The announcement came shortly after nearly two dozen family members of the brothers called for their release from prison. Members of the Menendez family joined Gascón for the announcement at the Hall of Justice in downtown L.A.
Gascon will ask that the brothers, who were convicted of first-degree murder in 1996 in the shooting deaths of their parents Jose and Kitty Menendez and sentenced to life in prison without the possibility of parole, be resentenced to life, but with the possibility of parole.
Under Gascon's recommendation, the Menendezes would be resentenced to 50 years to life. As "youthful offenders," who were both under the age of 26 when they killed their parents, they would immediately be eligible for parole.
"They have been in prison for nearly 35 years," Gascón said. "I believe they have paid their debt to society." In their time in prison, he said, "they engaged in a different journey—a journey of redemption and a journey of rehabilitation."
While in prison they created groups to address untreated trauma and helped inmates with physical disabilities, Gascón said. "All this was done by two young people. They had no hopes of ever getting out of prison."
However, it is up to the judge to make a final determination if the men should be resentenced, which could possibly lead to their release after decades in prison.
As explained by Nancy Theberge, the deputy-in-charge of the L.A. District Attorney's Resentencing Unit, the D.A.'s office will file a petition requesting the resentencing tomorrow and will coordinate with lawyers representing the Menendezes to schedule a hearing where the petition can be heard in court.
At the hearing, the defense may have brothers brought in court or appear via video link. There will be oral arguments and evidence admitted, Theberge said. "We don’t have court date yet because we're just starting the process tomorrow. But it's our intention to have that go forward before the habeas [corpus petition] because if the judge grants it, that may impact the defense's decision to proceed on the habeas."
The case gained momentum in May 2023 when attorneys for the brothers filed a habeas corpus petition with the Los Angeles County Superior Court, citing new evidence in the case.
The new items of evidence cited were sexual abuse allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, against Jose, whom he claims raped him in the 1980s, as well as a newly discovered letter Erik wrote to his now-deceased cousin Andy Cano describing his father’s alleged sexual abuse months before the killings.
The Menendezes' cousin Anamaria Baralt spoke at the press conference. "Today is a day filled with hope for our family," she said. "We are here because District Attorney Gascón has taken a brave and necessary step forward by recommending a resentencing for Lyle and Erik."
"The DA's decision reflects the truth that is hidden for so long, and I am grateful for his leadership in making this choice. We stand united in our hope and gratitude. Together we can make sure that Erik and Lyle receive the justice they deserve. And finally, come home."
Related: D.A. 'Keeping an Open Mind' About Menendez Brothers' Push for Release
Gascón told reporters at a Thursday, Oct. 3, 2024 press conference that his office had "a moral and an ethical obligation to review” the evidence in the petition to decide if the brothers, who claimed they were sexually molested by their father Jose, should be resentenced or if a new hearing of the case is "appropriate."
Gascón added, "If there was evidence that was not presented to the court at that time, and had that evidence been presented, perhaps a jury would have come to a different conclusion."
At the time, he said his office was "keeping an open mind" about their bid for release.
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More recently, in an episode of IMPACT x Nightline titled “Menendez Brothers: Monsters or Victims?” streaming on Hulu on Thursday, Oct. 17, Gascón said he believed the brothers shouldn’t be in prison for the rest of their lives.
“Given the totality of the circumstances, I don’t think they deserve to be in prison until they die,” Gascón told co-anchor Juju Chang.
Referencing Gascón, Los Angeles defense attorney Neama Rahmani told PEOPLE, "He's in the middle of a highly contested election. Social media support for the Menendez brothers is through the roof. There are a lot of people that think that victims should have the right to stand up to their abusers. Now, there's other people who think that this in vigilante justice, and this is beyond the pale, but they have a lot of support."
Related: D.A. 'Keeping an Open Mind' About Menendez Brothers' Push for Release
Lyle was 21 and Erik was 18 when they fatally shot their parents using 12-gauge shotguns in the den of their Beverly Hills, Calif., home on Aug. 20, 1989.
Jose, who was the chief operating officer of RCA Records, was hit multiple times, including point blank in the head. Kitty, 47, was shot 15 times, including once in the face. The killings, according to the brothers, came after years of sexual abuse by Jose — abuse which they claimed was ignored by their mom, a former pageant queen.
However, prosecutors at the time said the two brothers’ motive was greed and cited their lavish spending spree after the slayings.
In 1996, three years after their first trial ended in a deadlock, the siblings were convicted of the first-degree murders and subsequently sentenced to life in prison without the possibility of parole.
If you or someone you know has been a victim of sexual abuse, text "STRENGTH" to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.
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