Are the Menendez brothers getting released? What to know about the resentencing decision

Los Angeles County District Attorney George Gascón has filed a petition to resentence Erik and Lyle Menendez, opening the possibility of parole for the brothers serving life sentences for the murder of their parents.

Gascón unveiled his long awaited decision in the infamous case on Thursday, saying the brothers have "paid their debt to society."

The petition asks the court to resentence the men to 50 years to life on two counts of first-degree murder, according to a copy obtained by USA TODAY. 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.

Now that the district attorney's office has filed the petition, it will go before a judge. If the judge sides with the defense and district attorney, a parole board will evaluate whether the brothers have been rehabilitated and are safe to reenter society.

At a Thursday news conference, Nancy Theberge, deputy in charge of Gascón’s resentencing unit, said she would like to see the petition for resentencing go before a judge within the next 30 to 45 days. She added that the brothers' could attend the hearing either in person or via Zoom.

The momentous decision came after the brothers' attorneys filed new evidence last year they said shed light on abuse suffered at the hands of their father, Jose Menendez, a wealthy music executive. In recent months, the brothers' family, as well as celebrities and human rights advocates, urged Gascón's office to release the convicted men, citing the new evidence and the evolution in the understanding of sexual abuse victims.

The Menendez brothers were convicted in 1996 for the murder of their parents Jose and Kitty Menendez after their first high-profile televised trial ended in a hung jury. Their lawyers argued they acted in self-defense and said they were sexually abused by both parents. Prosecutors said the abuse never happened and the brothers were seeking their parents' fortune, then valued at about $15 million.

The case gained fresh attention following a recent slew of documentaries and a controversial true crime drama, all of which hastened developments in the case.

Here is what we know about the case and the Menendez brothers' uncertain path to freedom:

What happens next?

Theberge said Thursday the resentencing unit will coordinate with the defense to set up a court date so the petition requesting resentencing can be heard.

The judge overseeing the hearing will then rule on the petition and decide whether the brothers will be eligible for parole. If the judge agrees the brothers should be resentenced, they will go before a parole board, which will primarily evaluate "whether they are rehabilitated and safe to be released," Gascón said.

The district attorney said while he and some members of his office believed the brothers deserve to be resentenced, there may be other members of his office who will present arguments on why they should remain in prison for life.

"It's very possible that there will be members of this office that will be present in court opposing their resentencing – and they have a right to do so," he said, adding, "We encourage those that disagree with us to speak in the court."

What led to the district attorney's decision?

Gascón told reporters Thursday that he made his decision about an hour before the news conference in which he announced the bombshell development.

He said his decision came after a careful review of the arguments on both sides, with some staff in his office arguing for their immediate release and others arguing they should "stay in prison the rest of their lives." He said his staff disagrees on whether they believe the boys were molested.

After evaluating the evidence, the district attorney came to the belief that the brothers "were subjected to a large amount of dysfunction in the home and molestation," he said, adding, "I believe, under the law, resentencing is appropriate."

Another factor in his decision was the brothers' behavior in prison. He said not only have they sought self improvement but they have tried to better the lives of their fellow inmates.

They created groups to deal with untreated trauma and others to help disabled prisoners, Gascón said. In one case Lyle Menendez negotiated for other inmates "as to the conditions they live under in prison."

"All this was done by two young people that had no hopes of ever getting out of prison," he said.

What was the new evidence?

The new evidence weighed by the district attorney's office included a letter purportedly written by Erik Menendez to his cousin, Andy Cano, in which he alluded to the abuse he suffered.

An excerpt of the letter, which the defense said was written eight months before the murders, was included in the 2023 habeas corpus petition filed by the brothers' attorneys.

"I’ve been trying to avoid dad. It's still happening Andy but its worse for me now,” it said. “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 stated: "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."

The district attorney's office also examined allegations from a member of the 1980s pop band Menudo that he was abused by Jose Menendez – allegations made public in a documentary called "Menendez + Menudo: Boys Betrayed."

Family members, celebrities react to DA's decision

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.

Reality television star Kim Kardashian, who has been an outspoken advocate for the brothers' release and has visited them in prison, said they "were granted a second chance at life" in a social media post.

“Your commitment to truth and fairness is commendable,” she wrote, referring to Gascón, in a statement posted on Instagram.

Joan VanderMolen, sister of Kitty Menendez, told reporters at the Thursday news conference the decision was a "brave and compassionate step forward."

"This decision is not just a legal matter, it is a recognition of the abuse my cousins endured," she said. "It is time for Lyle and Erik to come home."

Contributing: John Bacon, Minnah Arshad, USA TODAY; Reuters

(This story was updated to add new information.)

This article originally appeared on USA TODAY: Menendez brothers resentencing decision: Everything we know so far