Kitty Menendez's brother rejects prosecutors' recommendation of potentially free brothers

Kitty Menendez's brother is not happy with Los Angeles District Attorney George Gascón's decision to recommend resentencing for Erik and Lyle Menendez, who are serving life sentences for the 1989 shooting deaths of their parents, Jose and Kitty Menendez.

“He’s in disbelief,” Kathleen Cady, an attorney for Milton Andersen, Kitty’s 90-year-old brother, tells PEOPLE. “Mr Andersen firmly believes that the right verdict was made and the right sentence was imposed. He is extremely disappointed that Mr. Gascón will make this recommendation and hopes that the judge will not follow this recommendation.”

“He thinks it’s a miscarriage of justice,” Cady says.

On Thursday, October 24, Gascón announced his plan to ask a Los Angeles Superior Court judge to resentence 56-year-old Erik and 53-year-old Lyle to life in prison, but with the possibility of parole.

As “juvenile offenders” who were both under 26 when they killed their parents, they would be immediately eligible for parole.

At a news conference Thursday, Gascón cited the brothers' “journey of redemption and rehabilitation” in prison, pointing to the prison groups they founded that dealt with untreated trauma and helped inmates with physical disabilities.

“It was all done by two young people,” he said. “They had no hope of ever getting out of prison.”

In an Oct. 24 statement, Cady called the decision by Gascón, who is running for re-election this year, a desperate attempt to “save his political career.”

She says his handling of the case was “unconscionable.”

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Now that the prosecutor has filed the motion for a resentencing, the case will be presented to a judge. If the judge agrees with Gascón's recommendation to sentence the brothers, the matter will go before a parole board.

Lyle was 21 and Erik was 18 when they fatally shot their parents with 12-gauge shotguns in the den of their Beverly Hills, California, home on August 20, 1989.

Jose, the CEO of RCA Records, was hit several times, including directly in the head. Kitty, 47, was shot multiple times, including once in the face. According to the brothers, the murders came after years of sexual abuse by Jose – abuse that they claimed was ignored by their mother, a former beauty queen.

But prosecutors at the time said the two brothers' motive was greed, citing their lavish spending spree after the murders.

In 1996, three years after their first trial ended in deadlock, the siblings were convicted of the first-degree murders and subsequently sentenced to life in prison without the possibility of parole.

If you or someone you know is a victim of sexual abuse, text “STRENGTH” to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.