Los Angeles County District Attorney George Gascon has suggested that Erik and Lyle Menendez be re-sentenced in connection with the 1989 murders of their parents at their Beverly Hills residence.
This recommendation, made on Thursday, could present the brothers with an opportunity for release after spending 34 years in prison.
The final decision on the brothers’ fate now rests with a judge, who must approve the re-sentencing, and the state parole board, which would assess their readiness for release. Prosecutors formally submitted the petition, and a court hearing is expected within the coming month.
The brutal 1989 killings of Kitty and Jose Menendez in their Beverly Hills home have kept public interest alive, even inspiring a recent Netflix series. The case centred on whether the brothers were motivated by greed, as they stood to inherit their parents’ fortune, or whether they acted in response to years of alleged abuse.
Gascon, citing new evidence and the brothers’ traumatic upbringing, believes their sentences should be revisited.
He said that while there is no justification for murder, “I believe they have paid their debt to society.”
At present, Erik and Lyle remain incarcerated for life without parole. However, if the court accepts the district attorney’s recommendation, a parole hearing will follow, and their rehabilitation will be evaluated. Approval from both the board and California Governor Gavin Newsom would be required for their release.
Some family members have long advocated for their freedom, arguing that today’s understanding of sexual abuse could have changed the course of the trial. However, the case remains deeply divisive, with some relatives opposing their release and accusing Gascon of politicising the matter ahead of his re-election.
New evidence, including a letter written by Erik in 1988 and testimony from a former member of the boy band Menudo, who accused Jose Menendez of sexual abuse, has prompted this review of the case. Despite these revelations, the brothers’ release is far from guaranteed, and the upcoming legal process is expected to be contentious.
A hearing is set for 26 November in the case, though the district attorney’s office seeks to arrange another to review the re-sentencing recommendation.
In May 2023, the Menendez brothers submitted a motion presenting newly discovered evidence and requesting that their convictions be overturned. Mr Gascón revealed that his office had been examining the case for over a year, but said the decision was made just an hour before he held a widely covered press conference on this significant case.
The announcement comes 12 days before Election Day, where Mr Gascon, facing a difficult re-election battle, trails by 30 points in some polls. He rejected claims that the timing of the announcement was politically motivated, stating that it had been in the works for some time.
Frances Ibiefo
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