Los Angeles DA backs resentencing Menendez brothers, paves path to possible release

Los Angeles County District Attorney George Gascón announced Thursday that he recommends the resentencing of Erik and Lyle Menendez, brothers who are serving life sentences without parole for the murders of their parents in a case that first seized the nation's attention 35 years ago.

Gasco?n told reporters he will file his recommendation in court Friday and urge the possibility of parole to be put back on the table. The penalty for two murders is 50 years to life in prison, but since the brothers were under the age of 26 at the time of the crime, Gasco?n said they would be eligible for parole right away under California law.

"I believe that they have paid their debt to society," he said.

Gasco?n was considering new evidence in the case and has met with family members who have been pleading for the brothers' release. The relatives say the new evidence demonstrates the abuse the brothers suffered at the hands of their father, wealthy music executive Jose Menendez.

A jury found the brothers guilty in 1996 of killing Jose and Kitty Menendez after their highly publicized and televised first trial ended in a mistrial.

Erik Menendez was 18 and Lyle 21 at the time of the 1989 murders. Their lawyers argued they 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, the defense 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.

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

At the news briefing Thursday, some family members expressed gratitude for the district attorney's decision after years of calling for the brothers' release.

"This step gives us all hope that the truth will finally be heard and that Lyle and Erik can begin to heal from the trauma of their past," said Anamaria Baralt, a niece of Jose Menendez.

Office committed to reviewing 'questionable' convictions

Thursday's decision comes after fierce internal debate in the district attorney's office, Gascón said, with some arguing for the brothers' immediate release and others pushing for them to remain in prison for life.

"I have to tell you unequivocally that we don't have a universal agreement," Gascón told reporters, adding that some people from his office may appear in court to oppose the decision.

The brothers committed "horrible acts," Gascón said, adding he also believes they were "subjected to a tremendous amount of dysfunction in the home, and molestation."

Conditions for a resentencing recommendation are focused on whether the person has been rehabilitated and if can be released safely into society, Gascón said. He added the Menendez brothers worked to develop themselves while supporting others in prison despite for years having no hopes of release.

Announcement follows documentary on Netflix

Gascón said he previously planned to announce his decision in a November court hearing. Still, a new documentary had renewed interest in the case, causing a storm of public inquiries that, according to Gascón, the district attorney's office didn't have the resources for.

Earlier this month, Netflix released a nearly two-hour documentary titled: "The Menendez Brothers," which features interviews with Erik and Lyle Menendez. Ahead of its release, Kim Kardashian penned an essay published in NBC News urging for the brothers' life sentences to be "reconsidered."

The decision also comes as Gascón seeks re-election in a challenging race, trailing by more than 20 points behind his opponent in a recent poll. The district attorney refuted claims that his announcement was motivated by his campaign, noting that more than 300 people have been resentenced since he took office, including 28 murder cases. Four people reoffended, he said.

"There’s nothing political about this," Gascón said at the news briefing.

Earlier this week, Gascón announced that a hearing on the exoneration and release of two other convicted killers, Charlotte Pleytez and Lombardo Palacios, will take place Nov. 1. Each spent more than 17 years in prison for an East Hollywood murder in 2007 that his office's Conviction Integrity Unit determined they did not commit.

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

Menendez brothers case: Family makes fervent plea amid new evidence

Letter, other abuse claims could be key

In the Menendez case, intense interest lingered long after the convictions. The case then gained fresh attention amid multiple new documentaries and buzz around the new evidence, which includes a letter purportedly written by Erik Menendez to his cousin, Andy Cano, several months before the murders. Excerpts were included in the 2023 petition filed by the brothers' attorneys.

"I’ve been trying to avoid dad. Its still happening Andy but its worse for me now,” according to an excerpt. “I never know when its going to happen and its driving me crazy. Every night I stay up thinking he might come in.”

Later, the letter states: "I know what you said before but I'm afraid. You just don't know dad like I do. He's crazy! He's warned me a hundred times about telling anyone."

Investigators also are examining allegations from a member of the 1980s pop band Menudo that he was abused by Jose Menendez.

Those allegations were publicized last year in Peacock documentary series called "Menendez + Menudo: Boys Betrayed."

This article originally appeared on USA TODAY: Menendez brothers: LA district attorney recommends resentencing