Everything we know so far

Los Angeles District Attorney George Gascón is expected to file a sentencing recommendation Friday for Erik and Lyle Menendez, two brothers serving life sentences for the 1989 murders of their parents in a case that has lasted over three years has captured the nation's attention for decades.

Gascón announced his long-awaited decision in the infamous case on Thursday, saying the brothers had “paid their debt to society.” Under California law, they would be eligible for juvenile probation because they were under 26 at the time of the crime.

After the prosecutor files the motion, it is presented to a judge. If the judge sides with the defense and the district attorney, a parole board will examine whether the brothers have been rehabilitated and can safely re-enter society.

At a news conference Thursday, Nancy Theberge, deputy chief of Gascón's resentencing division, said she would like to see the resentencing request 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' lawyers filed new evidence last year that allegedly shed light on abuse 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 activists, called on Gascón's office to release the convicted men, citing new evidence and developments in understanding victims of sexual abuse.

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

The case gained new attention following the recent filming of a series of documentaries and a controversial true-crime drama, all of which accelerated the development of the case.

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

What happens next?

Prosecutors will file a motion with the court on Friday asking that the brothers be resentenced. No one will be physically in a courtroom, Theberge said.

She said the filing will include legal arguments and supporting exhibits that shed light on why prosecutors made their decision to resentencing.

Theberge said the resentencing unit will then coordinate with the defense to schedule a court date so the resentencing motion can be heard. The court will then decide on the application.

If the judge agrees that the brothers should be resentenced, they will go before a parole board, which will primarily assess “whether they are rehabilitated and safe for release,” Gascón said.

The district attorney said that while he and some members of his office believe the brothers deserve to be resentenced, there may also be other members of his office who would make arguments as to why they should remain in prison for life.

“It is entirely possible that there are members of this office who will speak out in court against their resentencing – and they have the right to do so,” he said, adding: “We encourage those who disagree with us to do so in court speak.” .”

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 arguments on both sides. Some employees in his office argued for their immediate release, while others argued they should “stay in prison for the rest of their lives.” He said his staff disagreed about whether they believed the boys were abused.

After evaluating the evidence, the district attorney concluded that the brothers “were subjected to a great deal of disturbance and harassment at home,” he said, adding, “I believe that resentencing is appropriate under the law.”

Another factor in his decision was the brothers' behavior in prison. He said they not only tried to improve themselves, but also tried to improve 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 on behalf of other inmates “about the conditions under which they live in prison.”

“All of this was done by two young people who had no hope of ever getting out of prison,” he said.

What was the new evidence?

Among the new evidence examined by prosecutors was a letter allegedly written by Erik Menendez to his cousin Andy Cano in which he alluded to the abuse he suffered.

An excerpt from 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' lawyers.

“I tried to avoid dad. It's still happening Andy, but now it's worse for me,” it said. “I never know when it's going to happen and it drives me crazy. Every night I stay awake thinking he might come in.” .”

The letter later said: “I know what you said before, but I'm scared. You just don't know Dad as well as I do. He's crazy! He warned me a hundred times not to tell anyone.”

Prosecutors also investigated allegations by a member of the 1980s pop band Menudo that he was mistreated by Jose Menendez – allegations that were made public in a documentary called “Menendez + Menudo: Betrayed Boys.”

Family members and celebrities react to the prosecutor's decision

At Thursday's news conference, 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 come to light and that Lyle and Erik can begin to heal from the trauma of their past,” said Anamaria Baralt, a niece of Jose Menendez.

Reality TV star Kim Kardashian, who has been a vocal advocate for the brothers' release and visited them in prison, said in a social media post that they had been “granted a second chance at life.”

“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 Thursday's news conference that the decision was a “courageous and compassionate step forward.”

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

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

Everything we know so far

What happens next?

What led to the district attorney's decision?

What was the new evidence?

Family members and celebrities react to the prosecutor's decision

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