Prosecutors Seek Resentencing for Menendez Brothers in Parents’ Murder Case: Prosecutors in the United States have suggested that Lyle and Erik Menendez be resentenced for the murders of their parents because new findings have shown that their father sexually abused them.
The two brothers are now 34 years in prison serving life for the murder of their parents who they shot in their Beverly Hills, California home in a very famous case that was recently made into a documentary movie.
Erik and Lyle Menendez, the brothers convicted of murdering their parents in a case that shocked America over thirty years ago, should be resentenced and considered for parole, according to a suggestion from the Los Angeles County District Attorney.
On Thursday, Los Angeles County District Attorney George Gascon announced that his office will propose vacating the brothers’ sentences and resentencing them to 50 years to life.
Since they were under the age of 26 when they committed the crimes, they will be up for parole right away,” he added.
They were convicted in 1996 and sentenced to life in prison without the possibility of parole for the murders committed in 1989. Erik Menendez, 53, and Lyle Menendez, 56, are both currently serving life sentences in California without the chance of parole.
A long way to go till the brothers maybe take a walk.
It will be up to a judge to determine whether the brothers should be resentenced, while only a parole board can decide if they should be released from prison after serving over 30 years.
The Menendez brothers did not receive prior notice of Mr. Gascón’s decision, nor did any members of their family.
“I believe the brothers experienced significant dysfunction in their home and were victims of abuse,” Mr. Gascón commented.
He emphasized that while there is no justification for murder, “I believe they have fulfilled their debt to society.
In their trials in the ’90s, the DAs portrayed the brothers as spoiled, wealthy kids who carefully plotted the murders to inherit their parents’ money.
However, their defense attorneys argued that the brothers were victims of years of emotional, physical, and sexual abuse inflicted by their family, asserting that their actions were taken in self-defense.
They feared their parents would kill them
The Menendez brothers, Lyle, 21, and Erik, 18, confessed that they shot their father Jose Menendez, an entertainment executive, and their mother Kitty Menendez in the den of their Beverly Hills estate.
The brothers claimed that they were so afraid that their parents were going to kill them to cover up the fact that Jose Menendez had been sexually abusing Erik Menendez for years.
Will the Menendez brothers walk free?
According to Mr. Gascon, his office plans to submit a motion for resentencing to the court on Friday. It will include facts and proof for a shorter sentence.
A hearing will be held (they hope to schedule within the next 30-45 days) and a judge will hear arguments as to why they should be released. The brothers may also be present.
The hearing is expected to be contentious. Mr. Gascón acknowledged that this case has divided his office, and some staff members may oppose him in court. Additionally, at least one member of the Menendez family, Milton Andersen, Kitty Menendez’s brother, has gone so far as to accuse the district attorney of politicizing a case in which He has “already faced the unimaginable loss of his sister.”
He said that if it is accepted by a judge then it would make them eligible for parole because of California law and because of their ages when they committed the crimes. A parole board would need to review the case and the rehabilitation of the brothers, and even if the board approves their release, California Governor Gavin Newsom has the authority to override that decision.
A hearing is set for November 26, but the district attorney’s office aims to arrange a new hearing to address the recommendation for resentencing.
In May 2023 the Menendez brothers submitted a brief outlining the new findings in their case and requesting that their convictions be overturned. According to Mr. Gascón, his office has been reviewing the case for over a year; however, he made the decision just an hour before the highly publicized press conference regarding this landmark case.
The decision was announced just 12 days before Election Day when Mr. Gascón was facing a challenging re-election campaign and trailing by 30 points in some polls. He insists that his announcement was not politically motivated and that it has been a long time coming.
I’ve never seen anything like this in my career,” Neama Rahmani, a criminal defense lawyer and former federal prosecutor, told BBC News.
It’s truly a perfect storm of public relations and politics,” he stated, highlighting the recent attention from celebrities, a Netflix drama series about the case, and an “embattled” district attorney fighting to keep his position. “You won’t encounter another case like this. It’s a unicorn.
Kim Kardashian expressed her gratitude to Mr. Gascón on her Instagram story, thanking him for “correcting a significant wrong.” She stated that the case “underscores the importance of challenging decisions and pursuing the truth.”
