Los Angeles district attorney says he’ll recommend resentencing in decades-old Menendez brothers’ murder case

By: CNN

Posted: Oct 24, 2024 8:04 PM CDT
Updated: Oct 24, 2024 9:20 PM CDT

Lee Celano/Reuters via CNN Newsource

By Cindy Von Quednow, Amanda Musa and Melissa Gray

Los Angeles (CNN) — Los Angeles County’s district attorney said Thursday he’ll recommend that a judge resentence Lyle and Erik Menendez nearly 30 years after the brothers were convicted of the murders of their parents – a recommendation that he said would make them eligible for immediate parole.

“After very careful review of all arguments made from people on both sides of this equation, I came to a place where I believe under the law resentencing is appropriate and I am going to recommend that to a court tomorrow,” District Attorney George Gascón said at an afternoon news conference in Los Angeles.

The brothers have been serving life without the possibility of parole since their 1996 convictions of first-degree murder in the 1989 killings of their parents, Jose and Kitty, in their California mansion. Gascón’s decision to recommend a resentencing – the culmination of a review that came after defense attorneys said in 2023 they had new evidence pointing to abuse by their father – was made about an hour before he announced it, he said.

“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 board concurs with my assessment … they will be released accordingly,” Gascón said in front of a packed room that included several media outlets and family members.

A Los Angeles Superior Court judge will ultimately decide whether to resentence the brothers, Gascón’s office said. While Gascón said he’d make his recommendation to the court Friday, a date for a hearing on the matter has not been determined, his office said. Nancy Theberge, deputy in charge of Gascón’s resentencing unit, hopes a hearing will be held in 30 to 45 days, she said.

Gascón said he supports the resentencing of the brothers to life with the possibility of parole – which normally would mean 50 years to life in prison. But because the crimes happened when the brothers were under 26 years old, under California law they would be eligible for youthful parole.

“We’re very sure not only that brothers have rehabilitated and will be safe to be reintegrated into our society, but they have paid their dues, not only for the crimes that they committed, but because of all the other things they have done to improve the lives of so many others,” Gascón said in the news conference, indicating that the men created groups to address how to deal with untreated trauma and helping inmates with physical disabilities.

The brothers “have been model prisoners by all accounts,” Gascón said in an interview with CNN later Thursday, after he announced his decision.

“Not only have they worked on their own self-improvement, but they have done a lot of work to better the life of those around them, which that part is unusual,” Gascón told CNN. “I believe they have served enough time.”

One of the brothers’ attorneys said his team is “hopeful” the decision will one day allow the men to have a life outside of prison.

“We are grateful the district attorney recognized not only the extraordinary contributions Erik and Lyle have made while in prison, but the role that sexual abuse played in their actions as well,” attorney Cliff Gardner told CNN.

The reexamination of the case came more than 35 years after the fatal shooting of Jose and Kitty Menendez in their Beverly Hills home. Their sons, Lyle and Erik, who were 21 and 18 at the time, were arrested less than a year later, in 1990, and accused of first-degree murder.

At their high-profile trials decades ago – one of the first cases to be televised – the brothers did not deny killing their parents. However, they argued they should not be convicted because they acted in self-defense after enduring a lifetime of physical and sexual abuse by their father.

A first trial ended in a mistrial after jurors deadlocked on the charges. In their second trial, much of the defense evidence about sexual abuse was excluded. The brothers were found guilty in 1996 and sentenced to life in prison.

What the 2023 defense petition said

Gascón’s reexamination of the case came after attorneys for the Menendez brothers filed a habeas corpus petition in 2023, citing what they argue is new evidence, as well as a recent California law on resentencing in which the court can take into consideration sentences in comparable cases. The judge can consider whether the defendants were victims of psychological or physical abuse, whether they are rehabilitated and whether they are a danger to society.

Among the new evidence the 2023 petition asked a court to consider: a sworn statement by former Menudo boy band member Roy Rosselló, who alleged Jose Menendez sexually assaulted him in the 1980s. The attorneys also said a letter Erik Menendez wrote to a cousin months before the killings alludes to the abuse he endured.

The defense was asking the court to either vacate the brothers’ conviction and sentence, or permit discovery and an evidentiary hearing during which they can provide proof, the petition says.

The brothers’ story has taken on new interest following the September release of the Netflix series, “Monsters: The Lyle and Erik Menendez Story,” co-created by Ryan Murphy and Ian Brennan. Netflix also released a documentary on the Menendez case this month featuring both men discussing what led to the killings.

Gascón, who is campaigning for reelection next month on a platform that includes sentencing reform, told CNN this month times have changed regarding how the public and the courts treat victims of sexual abuse.

“There is no question that a jury today would look at this case probably very differently than a jury did 35 years ago,” he said.

‘Brave and necessary,’ Jose Menendez’s niece says

When asked about mounting criticism from opponents who suggested reconsidering the Menendez brothers’ sentence was a political move, Gascón said, “There’s nothing political about this,” adding that more than 300 resentencings have happened in the county since he took office in December 2020, including 28 for murder.

Celebrity and criminal justice reform advocate Kim Kardashian, who has been vocal about her support of the brothers, also thanked Gascón for “righting a significant wrong.”

“Your commitment to truth and fairness is commendable,” she wrote in a statement posted on Instagram stories. “This case highlights the importance of challenging decisions and seeking truth, even when guilt is not in question.”

Anamaria Baralt, Jose Menendez’s niece, called the decision by Gascón “brave and necessary.”

“Today is a day filled with hope for our family,” she said Thursday. “Together we can make sure that Erik and Lyle receive the justice they deserve and finally come home.