LOS ANGELES (AP) — Prosecutors are poised to recommend that Erik and Lyle Menendez undergo resentencing pertaining to the 1989 murders of their parents within the confines of their Beverly Hills residence, thereby offering the brothers a potential pathway to freedom after 34 years of incarceration.
During a news conference on Thursday, Los Angeles County District Attorney George Gascón disclosed that his office would advocate for a new sentence of 50 years to life. Given that the brothers were under 26 years of age at the time of the offenses, they would be eligible for parole immediately, he indicated.
“I have reached a conclusion that, according to the law, resentencing is warranted,” Gascón announced, acknowledging that some members of his office hold opposing views on the matter.
The petition is expected to be filed on Friday, with a judicial hearing anticipated within the coming month.
In 1996, the Menendez brothers received life sentences without the possibility of parole for the killings.
Lyle Menendez, aged 21, and Erik Menendez, aged 18, confessed to fatally shooting their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez. They asserted that their actions stemmed from a profound fear that their parents would kill them to conceal years of sexual abuse perpetrated by their father against Erik.
Family Advocacy for the Brothers’ Release
The brothers’ extended family has fervently advocated for their release, contending that after decades of incarceration, they are deserving of freedom. Numerous family members have expressed that, given today’s heightened awareness of sexual abuse’s ramifications, the Menendez brothers likely would not have faced first-degree murder charges or received life sentences.
Several relatives, including their aunt Joan Andersen VanderMolen, attended the news conference to demonstrate their support, having traveled across the country on short notice.
Mark Geragos, representing the brothers legally, refrained from disclosing whether he had communicated with Lyle and Erik on Thursday; however, he expressed confidence that they were aware of the district attorney’s decision. Geragos also mentioned that a “reentry plan” had already been formulated to aid the brothers’ reintegration into society should they be released.
Anamaria Baralt, a niece of Jose Menendez, remarked that the district attorney’s “courageous and necessary” decision would afford the brothers the opportunity to begin healing from their traumatic pasts.
The Menendez brothers faced two trials for their parents’ murders, the first concluding with a hung jury.
During this period, prosecutors maintained that there was a lack of evidence supporting claims of molestation, and many specifics related to the alleged sexual abuse were disqualified from the second trial. The prosecution also suggested that the brothers were motivated by a desire to inherit their parents’ substantial estate.
District Attorney Acknowledges the Brothers’ Rehabilitation
Gascón indicated that he finalized his decision merely an hour prior to the news conference, informing family members just moments beforehand.
In spite of their life sentences, Gascón asserted that the brothers have engaged in efforts toward redemption and rehabilitation during their time in prison.
“I believe they have fulfilled their responsibilities to society,” he stated.
Opposition to the resentencing exists among certain members of the Menendez family. Milton Andersen, Kitty Menendez’s 90-year-old brother, has had his attorneys submit a legal brief urging the court to maintain the brothers’ original sentences, contending, “They shot their mother, Kitty, reloading to ensure her death. The evidence clearly supports the jury’s verdict, reflecting an appropriate punishment for this egregious crime.”
Geragos opted not to respond to Andersen’s legal representatives’ statement.
Although Kitty Menendez was not charged with facilitating the abuse, evidence presented in her sons’ legal documents implies complicity. A cousin testified during the initial trial that Lyle confided in her about his fear of sleeping due to his father’s inappropriate behavior. When relayed to Kitty Menendez, she purportedly responded with anger, dragging Lyle upstairs, according to the petition.
Another family member disclosed that when Jose Menendez was alone with one of the boys, others were forbidden from traversing the hallway.
The Impact of Political Climate in Los Angeles
The Los Angeles district attorney finds himself in the midst of a challenging reelection campaign against former federal prosecutor Nathan Hochman, who has criticized Gascón’s progressive reforms, attributing rising crime rates and recent murders to his policies.
On Thursday, Gascón mentioned that his office has recommended resentencing for around 300 incarcerated individuals, including those convicted of murder.
Hochman questioned the timing of Gascón’s announcement, interpreting it as a “desperate political maneuver” occurring less than two weeks before the election. He argued that without access to confidential records and relevant witnesses, forming an informed opinion on the case is unattainable.
“Should I assume office as DA and the case remains open, I would conduct a review consistent with my standard procedures,” Hochman stated.
Geragos expressed confidence that the district attorney had been diligently reviewing the case well before any electoral considerations arose.
Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles, cautioned that the judge would likely exercise scrutiny regarding the resentencing recommendation due to visible discord within Gascón’s office.
“This complicates the position of the judge significantly,” Levenson remarked, noting the rarity of such dissent among prosecutors. Ultimately, she indicated that Gascón opted for the “safest course” by allowing the court and parole board to make the final decisions.
Geragos expressed optimism about the possibility of the brothers’ release by Thanksgiving, although Levenson deemed this timeframe “overly optimistic.”
The Menendez case has recently regained media attention following Netflix’s release of the true-crime series, Monsters: The Lyle and Erik Menendez Story.
Evidence currently under review includes a letter penned by Erik Menendez, which his legal team asserts corroborates his claims of sexual abuse by their father.
Roy Rossello, a former member of the Latin pop group Menudo, also stepped forward, alleging he was drugged and raped by Jose Menendez during the 1980s. At that time, Menudo was under RCA Records, an entity that Jose Menendez oversaw.
Rossello recounted his traumatic experiences in the 2023 Peacock docuseries Menendez + Menudo: Boys Betrayed. His allegations are incorporated into the evidence referenced in the petition filed last year by the Menendez brothers’ attorneys, aligning with Erik Menendez’s claims of abuse.
__
This report has been enriched by contributions from Associated Press videojournalist Thomas Peipert in Denver. ___ Note: The spelling of Milton Andersen’s name has been corrected to reflect its accuracy.
Vocabulary List:
- Incarceration /ɪnˌkɑːr.səˈreɪ.ʃən/ (noun): The state of being confined in prison.
- Resentencing /ˌriːˈsen.tə.sɪŋ/ (noun): The act of issuing a new sentence for a crime.
- Advocate /ˈæd.və.keɪt/ (verb): To publicly support or recommend a particular cause or policy.
- Complicity /kəmˈplɪs.ɪ.ti/ (noun): The state of being involved with others in wrongdoing.
- Ramifications /ˌræm.ɪ.fɪˈkeɪ.ʃənz/ (noun): Consequences or outcomes resulting from a particular action or decision.
- Opposing /əˈpoʊ.zɪŋ/ (adjective): In conflict or disagreement; resisting or countering.
How much do you know?
What sentence length is the Los Angeles County District Attorney recommending for the Menendez brothers?
At what age were Erik and Lyle Menendez when they committed the murders of their parents?
What was the initial verdict for the Menendez brothers in their first trial for their parents' murders?
What familial relation is Anamaria Baralt to Jose Menendez?
Who criticized the Los Angeles District Attorney for his progressive reforms?
What recent true-crime series has brought attention back to the Menendez case?
The Menendez brothers received life sentences without the possibility of parole for their parents' murders.
Milton Andersen, Kitty Menendez's brother, supports the resentencing of Erik and Lyle Menendez.
Erik Menendez penned a letter corroborating allegations of sexual abuse by his father.
Nathan Hochman is the incumbent Los Angeles District Attorney.
Mark Geragos expressed optimism about the potential release of the Menendez brothers by Thanksgiving.
Netflix released the true-crime series "Monsters: The Lyle and Erik Menendez Story."
The Menendez brothers were under 26 years old at the time of the murders, making them eligible for parole immediately. If the resentencing petition is granted, they could potentially be released after serving years in prison.
Nathan Hochman, the challenger in the Los Angeles District Attorney race, criticized Gascón's announcement as a "desperate political maneuver" less than weeks before the election.
Anamaria Baralt remarked that the district attorney's decision would provide the Menendez brothers the opportunity to start healing from their traumatic pasts, emphasizing the and necessary nature of the decision.
The Los Angeles District Attorney has recommended resentencing for approximately incarcerated individuals, including those convicted of murder.
Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles, noted the unusual within Gascón's office concerning the resentencing recommendation.
Recent evidence under review includes claims by Roy Rossello, a former member of Menudo, who alleged that he was drugged and raped by Jose Menendez during the .