How the Menendez brothers got free

After more than 30 years in prison for the murder of their parents and two recent Netflix series that have drawn attention to their infamous crimes, Lyle and Erik Menendez could soon be released – and their future depends on progressive Los Angeles District Attorney George Gascón. away.

Under pressure from a re-election campaign in which he is 30 points behind in the polls, the prosecutor will make his resentencing recommendation in the case by Friday, thereby deciding the brothers' fate.

“I plan to make a decision by the end of this week,” he told CNN's Jake Tapper on Tuesday, “which is what I promised when we received a lot of inquiries.” By the way, we had been investigating this case for over a year. We had a court date at the end of November … but given the publicity surrounding this case, I tried to make a decision earlier and that is what I will do.”

Gascón says his own office falls into two camps: one that “steadfastly insists that they should spend the rest of their lives in prison,” and a second that “actually believes that they were probably abused and that they need some relief.” earn.” “

These divided camps reflect the sordid history of the bloody shotgun murders in Beverly Hills.

The first separate trials of Lyle and Erik ended in deadlock as jurors were divided over whether the young men, then 18 and 21, killed their parents Jose and Kitty out of greed or in self-defense after years of sexual and emotional abuse.

In their second trial, most of the abuse evidence was excluded and prosecutors accused the boys of killing their parents over their $14 million inheritance and lying about the abuse. In 1996, a jury found them guilty of murder and conspiracy and sentenced them to life in prison without the possibility of parole.

Now that a number of celebrities like Kim Kardashian are begging for mercy, there are two possible paths that could lead to Erik, 53, and Lyle, 56, receiving a sentence reduction or even being released.

Path one: resentencing

As early as this week, Gascón could recommend resentencing, a process that weighs new evidence, extenuating circumstances such as trauma and abuse, and the brothers' behavior and rehabilitation in prison.

Since their conviction, the brothers have been viewed as model prisoners, according to their lawyers and prison authorities, and have received praise for their behavior even though they did not expect to be released.

Gascón's office has already resentenced more than 300 people, including four for recidivism.

If Gascón concludes that a reduced sentence for the Menendez brothers is “in the interests of justice,” veteran Los Angeles Superior Court Judge William C. Ryan will have 30 days to review the matter. Within that time frame, Ryan could immediately release the brothers, sentence them, or schedule another hearing to consider the request. Or he could reject it entirely. Ryan has been on the bench since 1994.

More than 24 members of the Menendez family did supports the release of the brothers.

Kitty Menendez's 90-year-old brother, Milton Andersen, contradicts their release.

Path 2: Habeas Corpus Petition and New Evidence

The second path to freedom is more difficult and is based on a so-called habeas corpus petition filed last year that purports to use new evidence. To do this, evidence must be presented that would likely have changed the outcome of the trial.

In their petition to the court last May, the brothers' lawyers argued that a letter from Erik Menendez to his cousin, written eight months before the murders, described the sexual abuse he suffered at the hands of their father.

Additionally, a former Menudo boy band member, Roy Rossello, has filed an affidavit stating that he was also sexually abused by José, adding additional weight to the brothers' longstanding claims of parental abuse.

If Gascón supports this petition, Judge Ryan could vacate their sentences or order a new trial.

Next court date and possible publication

If Gascón moves forward with either the resentencing or the petition, the brothers will appear for a hearing before Judge Ryan on November 26th.

Even if he is defeated on November 5th, Gascón will remain in office until December 2nd.

That leaves enough time for Judge Ryan to consider his sentencing or habeas corpus decision on November 26th.

But if the deadline extends past Dec. 2, the matter could fall into the hands of Gascón's potential successor, Nathan Hochman, a Republican criminal defense attorney who has not taken a stand in the case and has accused Gascón of trying to take advantage of the situation for political advantage.

“The timing is incredibly suspicious,” Hochman said in one debate against Gascon. “You certainly wouldn't let me hold a press conference to tell you that I'm only considering resentencing.”

After taking office on December 2, Hochman could seek to reverse any motion by Gascón in the case if the judge has not yet made a decision.