Los Angeles County District Attorney George Gascon said Thursday he would seek the conviction of Lyle and Eric Menendez in the murders of their parents, paving the way for their possible release from prison for the first time in decades.
Gascón filed a motion late Thursday asking for a penalty of 50 years to life. The brothers are currently sentenced to life in prison without parole. A High Court judge will make the final decision.
Gascón said because the men were under 26 when they killed their parents, they would be eligible for parole immediately if the judge follows his recommendation for a new trial.
No hearing date has been set as of Thursday night.
The brothers were 21 and 18 years old when they shot and killed their parents, entertainment executives Jose and Kitty Menendez, in their Beverly Hills home in 1989.
The brothers’ lawyers claimed that they had been sexually abused by their father, and after two trials they were convicted of murder and sentenced to life in prison without parole.
Gascón said Thursday’s re-sentencing recommendation was not fully supported.
“There are people within the office who strongly believe that the Menendez brothers should be in prison for the rest of their lives, but they do not believe that they were sexually abused,” Gascón said.
“And there are people in the workplace who strongly believe that sexual abuse did occur and should be released immediately.”
He added: “I believe they have repaid their debt to society.”
The DA’s office’s announcement came three weeks after Gascón said his office was reviewing the case and would consider whether there should be any outrage.
“We have a moral and ethical obligation to review what has been presented to us,” said Gascón, who is seeking re-election next month.
Evidence submitted to Gascón’s office included a copy of a letter from one of the brothers to another family member alleging sexual abuse, Gascón said.
Gascón said the defense also presented evidence that one of the Menudo boys’ gang members claims he was sexually abused by Jose Menendez.
Roy Rosselló, who was a member of the pop group from 1983 to 1986, said on the 2023 Peacock series “Menendez + Menudo: The Boys Betrayed” that she was raped by then-RCA executive Jose Menendez.
In his motion for indignation, Gascón argued that the Menendez brothers no longer posed a threat to public safety.
“When Eric and Lyle Menendez were sentenced to life in prison without parole in 1996, their sentences were consistent with what was considered best public safety practices,” Gascón wrote. “But what is considered best practice for public safety is evolving.”
Anamaria Balart, Jose Menéndez’s niece, praised Gascón’s decision and told a news conference that the family was “united in hope and gratitude.”
“Together, we can make sure Eric and Lyle get the justice they deserve and can finally go home,” she said.
The brothers’ attorney, Mark Geragos, celebrated the announcement of the prosecutor’s recommendation.
“Today is a monumental, monumental victory on their path to freedom,” he said.
At the first trial, the brothers alleged sexual abuse by their father. The trial resulted in a mistrial as the jury deadlocked.
In the second trial, allegations of abuse were limited in court. The brothers were convicted of first-degree murder in 1996 and sentenced to life in prison without parole.
Lyle Menendez is currently 56 years old and Eric Menendez is 53 years old.
They filed a petition for habeas corpus and for resentencing. The habeas petition argues that had certain evidence been presented at trial, the outcome might have been different.
Gascon said California law also allows prosecutors to evaluate whether a person has rehabilitated and ask a court to determine whether they should hold a grudge against that person.
Prosecutors had accused the brothers of murdering their parents in order to inherit their property.
Kitty Menendez’s brother, Milton Andersen, opposes early release, his lawyer said in a letter to Gascón.
“Mr. Andersen opposes any re-sentencing and opposes any concession of habeas corpus,” his attorney, Kathy Cady, wrote.
“Eric and Lyle Menendez’s motive was pure greed,” Kady wrote in the Oct. 14 letter.
The prosecutor’s re-sentencing unit handled recommendations in the Menendez case. It was launched by the Los Angeles County Attorney’s Office in April 2021 to address over-incarceration.
The team worked with the DA’s Homicide Reconfirmation Unit to retry or are actively retrying 705 cases, resulting in 332 resentencing cases, the DA’s office said. said.
Last week, about 20 members of the Menendez family gathered outside the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles to rally in support of their brother’s release.
Relatives have launched a petition for their freedom, arguing that justice has been served as they have spent more than 35 years behind bars.
The brothers were victimized by a society and justice system that decades ago was incapable of understanding or empathizing with the cases of sexually abused boys and young people, the family said.
“Their continued incarceration serves no further purpose. It is time to recognize the injustice they have suffered and give them the second chance they deserve,” said Balart, niece of Jose Menéndez. spoke. “There is no doubt in my mind that if Lyle and Eric’s case had been heard today, with the understanding we now have of abuse and PTSD, their sentences would have been very different. There is no room.”
Kitty Menendez’s sister, Joanne Andersen Vandermolen, said they had a hard time coming to terms with the killings, but called their actions a “desperate response” as more information emerged about the siblings’ alleged abuse by their father. he said. The story of two boys trying to survive his brutal acts.
“They were just children. Children who were supposed to be protected were being brutalized in the most horrific way,” she said. “Lyle and Eric have already paid a huge price. … They’ve grown and changed and become better people despite everything they’ve been through. Freeing them from the shadows of their past” It’s time to give them a chance to live the rest of their lives.”
