Los Angeles County District Attorney George Gascón has announced plans to ask a judge to resentence Erik and Lyle Menendez, the brothers serving life terms for murdering their parents in 1989. This move could potentially pave the way for their release from prison after more than three decades behind bars.
Gascón intends to request that the brothers’ prior sentence of life without the possibility of parole be rescinded and replaced with a sentence of 50 years to life. This change would make them eligible for parole as youthful offenders, given that they committed the crime when they were younger than 26. “I came to a place where I believe that under the law resentencing is appropriate, and I am going to recommend that,” Gascón said.
The Menendez brothers were convicted of murdering their parents, Jose and Kitty Menendez, in their Beverly Hills home. The brutal killings, which involved 13 gunshot wounds, and the subsequent televised trial captivated the nation and inspired numerous documentaries, movies, and television series. The brothers have been serving their sentences without parole since their conviction in 1996.
However, Gascón believes new evidence warrants a review of their sentences. This evidence includes allegations of sexual abuse by their father, Jose Menendez, which the brothers have long claimed motivated the murders. During their trials, the defense argued that the brothers acted in self-defense after enduring years of abuse, but much of this evidence was not allowed in court during their second trial.
Gascón’s decision follows a motion filed by the brothers’ attorneys last year, which included a letter allegedly written by Erik Menendez in 1988 detailing the abuse he suffered at the hands of his father. The filing also included claims from a former member of the boy band Menudo who alleged that Jose Menendez raped him in the 1980s.
If approved by a judge, the Menendez brothers would be resentenced to a term of 50 years to life, making them immediately eligible for parole. However, their fate would ultimately rest with the parole board, which would decide whether to release them.
The announcement has sparked both support and criticism. More than 20 relatives of the brothers, including Kitty Menendez’s sister Joan VanderMolen, have publicly urged Gascón to seek resentencing. “We know this wasn’t the easy decision, but it’s the right one,” VanderMolen said. “This is about truth, justice, and healing.”
On the other hand, some relatives, including Milton Andersen, Kitty Menendez’s 90-year-old brother, have criticized the decision. Andersen’s attorney, Kathy Cady, filed an application for an amicus curiae brief this week to oppose the resentencing, arguing that Gascón is attempting to “manipulate the facts for a fleeting chance to salvage his political career.”
Gascón, who is currently locked in a tight battle for re-election against former federal prosecutor Nathan Hochman, has denied that the timing of his decision is politically motivated. “There’s nothing political about this. We have resentenced over 300 people,” he said. “We will continue to resentence people.”
The Menendez brothers themselves have not yet commented on Gascón’s decision. However, their attorneys have called the announcement a “monumental victory” and have vowed to fight for their clients’ freedom. “If there is a hearing, all of these family members who are behind me will be heard,” attorney Mark Geragos said. “All of these family members will uniformly ask one thing, which is, ‘Bring them home.'”