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USA TODAY

Menendez brothers' bid for freedom takes another step forward

John Bacon, USA TODAY
3 min read

Erik and Lyle Menendez's bids for release from prison gained momentum Thursday after Los Angeles District Attorney George Gascón sent letters to California Gov. Gavin Newsom expressing "strong support" for clemency.

The letters are similar and both cite "credible allegations" of sexual and physical abuse from their father, wealthy music industry executive Jose Menendez. The letters also cite "dedication to rehabilitation" that Gascón says make the brothers ideal candidates for clemency.

"During his 34 years of incarceration, Mr. Menendez has worked hard to transform his life," each letter says.

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Lyle was 21 and Erik 18 when they fatally shot their parents, Jose and Kitty Menendez in 1989. While in prison, Lyle, now 56, earned an associate degree in sociology from Southwestern College and then graduated from the University of California, Irvine with a bachelor's degree. He also created four prison programs to assist fellow inmates and created and wrote the WIRE bulletin that communicates Inmate Advisory Council matters to the inmate population, Gascón wrote.

Erik, 53, also earned an associate degree in sociology and has been accepted to the University of California. In 2022, he earned a Certificate in Proficiency in American Sign Language from Southwestern College. He has created five prison programs, Gascón said.

What has changed? The Menendez brothers have long said they were abused

Erik, left, and Lyle Menendez were found guilty in 1996 after a highly publicized first trial ended in a mistrial.
Erik, left, and Lyle Menendez were found guilty in 1996 after a highly publicized first trial ended in a mistrial.

Los Angeles DA backs resentencing: A path to possible release

Menendez case was highly publicized

A jury found the brothers guilty in 1996 after the highly publicized first trial ended in a mistrial. A series of appeals, documentaries and podcasts since have kept the case from drifting out of the spotlight.

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Last week Gascón petitioned a court to resentence the men to 50 years to life on two counts of first-degree murder. Under California law, they would be eligible for youth parole since they were under the age of 26 at the time of the crime and have already served 30 years in prison.

Gascón said he considered new evidence in the case surrounding the alleged abuse and met with family members who have pleaded for the brothers' release. If Newsom approves the clemency request, the sentences could be reduced ? or the men could be released immediately.

At trial, defense lawyers argued the brothers acted in self-defense and said they were sexually abused by both parents. The brothers had confronted their parents and believed their parents might kill them to prevent them from going public with the abuse, their lawyers argued.

Prosecutors at the time dismissed the abuse claims as untrue, saying the brothers were seeking their parents' fortune, then valued at about $15 million. A spending spree conducted by the brothers between the murders and their arrest helped fuel public skepticism for their plight.

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The brothers' attorneys and the coalition of family members have said the judge overseeing the second trial excluded substantial evidence of the abuse the brothers had suffered.

Will the Menendez brothers get released? What to know about the resentencing decision

Gascón says struggling re-election campaign unrelated

Gascón dismisses claims that the clemency effort is a campaign ploy for his re-election race amid polls showing him far behind. He says more than 300 people have been resentenced since he took office, including 28 murder cases. Only four people reoffended, he said.

“We must continually re-evaluate questionable past convictions in the interest of justice,” Gascón said last week. “In doing so, we recognize that the system has failed at times, and when it does, the consequences are life-altering."

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Contributing: Christopher Cann

This article originally appeared on USA TODAY: Menendez brothers deserve freedom, Los Angeles DA tells Gov. Newsom

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