Menendez Brothers Resentencing Recommendation

Los Angeles County’s District Attorney, George Gascón, announced on Thursday that he will recommend a judge resentence Lyle and Erik Menendez, nearly 30 years after their conviction for the murders of their parents. This recommendation could make the brothers eligible for immediate parole.

Review and Recommendation

“After very careful review of all arguments made from people on both sides of this equation, I came to a place where I believe under the law resentencing is appropriate and I am going to recommend that to a court tomorrow,” Gascón said at an afternoon news conference in Los Angeles.

The brothers have been serving life without the possibility of parole since their 1996 convictions of first-degree murder in the 1989 killings of their parents, Jose and Kitty Menendez, in their California mansion. Gascón’s decision to recommend a resentencing came after defense attorneys presented new evidence in 2023, pointing to abuse by their father.

Path to Parole

“I believe that they have paid their debt to society and the system provides a vehicle for their case to be reviewed by a parole board, and if the board concurs with my assessment … they will be released accordingly,” Gascón stated in front of a packed room that included several media outlets and family members.

A Los Angeles Superior Court judge will ultimately decide whether to resentence the brothers. While Gascón said he’d make his recommendation to the court on Friday, a date for a hearing on the matter has not been determined. Nancy Theberge, deputy in charge of Gascón’s resentencing unit, hopes a hearing will be held in 30 to 45 days.

Rehabilitation and Contributions

“We’re very sure not only that the brothers have rehabilitated and will be safe to be reintegrated into our society, but they have paid their dues, not only for the crimes that they committed, but because of all the other things they have done to improve the lives of so many others,” Gascón said, indicating that the men created groups to address untreated trauma and help inmates with physical disabilities.

The brothers “have been model prisoners by all accounts,” Gascón said in an interview with CNN later Thursday. “Not only have they worked on their own self-improvement, but they have done a lot of work to better the life of those around them, which that part is unusual. I believe they have served enough time.”

Hope for a New Life

One of the brothers’ attorneys expressed hope that the decision will allow the men to have a life outside of prison. “We are grateful the district attorney recognized not only the extraordinary contributions Erik and Lyle have made while in prison, but the role that sexual abuse played in their actions as well,” attorney Cliff Gardner told CNN.

Case Reexamination

The reexamination of the case came more than 35 years after the fatal shooting of Jose and Kitty Menendez in their Beverly Hills home. Their sons, Lyle and Erik, who were 21 and 18 at the time, were arrested less than a year later and accused of first-degree murder.

At their high-profile trials decades ago – one of the first cases to be televised – the brothers did not deny killing their parents. However, they argued they acted in self-defense after enduring a lifetime of physical and sexual abuse by their father. A first trial ended in a mistrial after jurors deadlocked on the charges. In their second trial, much of the defense evidence about sexual abuse was excluded. The brothers were found guilty in 1996 and sentenced to life in prison.

New Evidence and Legal Arguments

Gascón’s reexamination of the case came after attorneys for the Menendez brothers filed a habeas corpus petition in 2023, citing new evidence and a recent California law on resentencing. The judge can consider whether the defendants were victims of psychological or physical abuse, whether they are rehabilitated, and whether they are a danger to society.

Among the new evidence: a sworn statement by former Menudo boy band member Roy Rosselló, who alleged Jose Menendez sexually assaulted him in the 1980s. The attorneys also cited a letter Erik Menendez wrote to a cousin months before the killings, alluding to the abuse he endured.

The defense is asking the court to either vacate the brothers’ conviction and sentence, or permit discovery and an evidentiary hearing during which they can provide proof.

Support and Criticism

When asked about mounting criticism from opponents who suggested reconsidering the Menendez brothers’ sentence was a political move, Gascón said, “There’s nothing political about this,” adding that more than 300 resentencings have happened in the county since he took office in December 2020, including 28 for murder.

Celebrity and criminal justice reform advocate Kim Kardashian, who has been vocal about her support of the brothers, also thanked Gascón for “righting a significant wrong.” “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, Jose Menendez’s niece, called the decision by Gascón “brave and necessary.” “Today is a day filled with hope for our family,” she said Thursday. “Together we can make sure that Erik and Lyle receive the justice they deserve and finally come home.”