Erik and Lyle Menendez could be freed from prison as L.A. district attorney recommends resentencing. Here's what happens next.
"The brothers have rehabilitated," L.A. DA George Gascón said on Thursday. The office was flooded with calls after Netflix's latest shows.
Prosecutors officially recommended Erik and Lyle Menendez be resentenced for the 1989 murders of their parents, Jose and Kitty Menendez. The brothers have spent 34 years behind bars for the killings.
Los Angeles County District Attorney George Gascón made the announcement Thursday after weeks of speculation and admitted his office was divided. The case has been thrust back into the public eye thanks to Ryan Murphy's hit Netflix series Monsters: The Lyle and Erik Menendez Story. Kim Kardashian asked the brothers be freed in an Oct. 3 essay.
"After a very careful review of all the arguments that were made [from both sides], I came to a place where I believe under the law resentencing is appropriate, and I'm going to recommend that to a court tomorrow," Gascón said at a press conference, adding how the office had been flooded with calls recently. "I believe they have paid their debt to society."
Lyle and Erik, then 21 and 18, admitted to killing their parents with shotguns at their Beverly Hills mansion. The brothers testified it was in self-defense as they feared their lives were in danger. Erik and Lyle claimed they were sexually assaulted by their father for years and alleged their mother was aware. They were tried twice.
A mistrial was declared in 1994 due to a hung jury. In 1996, Lyle and Erik were convicted on first-degree murder charges and sentenced to life in prison. Many details of the alleged sexual abuse they suffered were not permitted during the retrial.
Gascón said his office is going to ask that "life without the possibility of parole be removed." Given Erik and Lyle's ages at the time of the murders, they are eligible for parole immediately. He called out their redemption and rehabilitation since being in prison.
"We're very sure, not only that the brothers have rehabilitated," Gascón said, but "that they have paid their dues not only for the crimes that they have committed but for all the other things they have done to improve the lives of many others."
The case warrants resentencing, legal expert says
San Diego criminal defense lawyer David P. Shapiro told Yahoo Entertainment there are "a significant number of mitigating factors" that warrant Erik and Lyle's sentence to be reexamined.
"Current law in California, albeit not the law at the time of the original convictions, requires the court to consider the age of the defendant at the time of the crime as well as whether the defendants had suffered any previous trauma. Here, both brothers contend they were sexually assaulted by their father," Shapiro explained, pointing to new evidence over the years.
Singer Roy Rosselló, a former member of the boy band Menudo, claimed in a Peacock documentary in 2023 that he was sexually assaulted by Jose when he was 14. Jose was a prominent executive at RCA Records at the time.
Gascón announced on Oct. 3 that his office was reviewing the convictions amid "new evidence." That also included an unearthed letter from 1988 written by Erik to his cousin in which he mentioned the abuse.
"I believe the brothers were subjected to a tremendous amount of dysfunction and molestation in their home," Gascón said at Thursday's press conference.
What's next?
Gascón said his office will file a motion with the court on Friday to recommend that the life sentences be lifted.
"The district attorney can ask the court to recall and resentence the brothers to a reduced term of manslaughter given the brothers may have been sexually assaulted and acted in self-defense," Shapiro said. "In that instance, they would definitely have a strong case for resentencing, having served 30-plus years in custody."
The case will be heard by a L.A. Superior Court judge who will make the decision to formally resentence the brothers. The parole board must also approve, according to Gascón. A date for that hearing has yet to be determined.
As Gascón noted, his office is not in agreement about the resentencing and he encouraged "those that disagree with us to speak" in court.
Nearly two dozen Menendez family members support Erik and Lyle's release, but there are some that do not. A judge will likely hear from both sides before making a decision.