The Menendez brothers are a step closer to freedom, but it is not yet guaranteed. Erik and Lyle, who were sentenced to life in prison without parole for the 1989 murder of their parents, will still have to face a court process and review from a parole board.
Next Steps
A judge in California will determine if Erik and Lyle Menendez will be resentenced after spending almost 35 years in prison for the murder of their parents—offering the brothers a potential path to freedom.
Los Angeles County District Attorney George Gascón announced his support for the brothers’ resentencing at a press conference on Thursday. “This case will be filed in court tomorrow,” Gascón said. “The final decision will be made by the judge. The court has to agree with my conclusion that they deserve to be resentenced.”
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Gascón’s office actually filed the resentencing motion late on Thursday, NBC Los Angeles reported. The case is now in the hands of Los Angeles Superior Court Judge William Ryan, who will next schedule a hearing for the motion. The matter of when that may happen, however, is unclear.
Then What?
The judge would then examine the evidence in the case and factor in the brothers’ actions during their almost 35 years in prison. Many of their family members have also called for their release.
Gascón praised the brothers for their conduct over the course of their sentence, which they believed would last the rest of their lives. “Even though they didn’t think that they would ever be let free, they engaged in a different journey—a journey of redemption, and a journey of rehabilitation.”
Trouble Ahead
However, Gascón admitted that his office was still divided on the Menendez brothers’ case, with some rejecting their claims that they were molested by their parents and that they deserve a new sentence.
“It is very possible that there will be members of this office that will be present in court opposing their resentence,” Gascón said. “And they have a right to do so. And we encourage those that disagree with us to speak, and the court is the appropriate place to do it.”
The district attorney said he would ask the judge to sentence them to 50 years to life in prison with the possibility of parole. Since the brothers were both under the age of 26 when they committed the murders, they would both be eligible for youthful parole “immediately,” Gascón said.
Mark Geragos, an attorney representing the brothers, told NBC Los Angeles he was hopeful that parole would come soon. “I’d like to get them home before the end of the year,” Geragos told the station.
After Resentencing
If the judge agrees to the new sentence, the Menendez brothers’ case will then be reviewed by a parole board.
At the press conference on Thursday, Gascón expressed confidence in the brothers’ chances. “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 parole concurs with my assessment, it will be their decision, they will be released accordingly.”
A Year of Scrutiny
Erik and Lyle were arrested for the murder of their parents, José and Kitty Menendez, in 1990. Their televised first first murder trial in 1994 ended in a mistrial after a hung jury. They were convicted after a second trial in 1996, and were sentenced to life in prison without the possibility of parole.
Interest in the brothers’ case grew after the success of the Netflix series Monsters: The Erik and Lyle Menendez Story earlier this year—although the brothers’ family objected to how they were depicted.
Meanwhile, lawyers for the brothers have pushed for the courts to reveal new evidence that the brothers were motivated by ongoing sexual abuse and trauma. In March, former Puerto Rican boy band singer Roy Rossello also accused their father of sexual abuse, backing up the brothers’ longtime claims.
It also attracted the attention of celebrities like Kim Kardashian, who visited the brothers in prison and later called for their release in an essay published by NBC News. “I have spent time with Lyle and Erik; they are not monsters,” the reality star proclaimed.
The Daily Beast contacted lawyers for the Menendez brothers but did not receive an immediate response. The Los Angeles District Attorney’s Office also did not immediately reply.
