Lyle and Erik Menendez case: What's next for the brothers convicted of murdering their parents?

CNN
—

More than three decades after Lyle and Erik Menendez were sentenced to life in prison without the possibility of parole for the murder of their parents, the brothers now see a path to their eventual release.

Los Angeles District Attorney George Gascón will recommend to a judge on Friday that the siblings be sentenced, a decision that was the culmination of a review that came after defense attorneys said in 2023 they had new evidence pointing to abuse indicated by her father.

“I will never excuse murder, and these were brutal, premeditated murders,” Gascón told CNN on Thursday. “They were appropriately sentenced at the time of their trial. They received life sentences without the possibility of parole. I just think that given the current legal situation and our assessment of their behavior in prison, they deserve the opportunity to be reevaluated and potentially reintegrated into the community.”

A hearing on the matter could take place in 30 to 45 days, then a Los Angeles Superior Court judge will ultimately decide whether the brothers will be resentenced. Gascon said he supports resentencing the brothers to life in prison with the possibility of parole – which would normally mean 50 years to life in prison. However, because the crimes were committed when the brothers were under 26, they would be eligible for juvenile probation under California law.

Gascón called the brothers “model prisoners” and told CNN he believes there is a good chance they will be paroled when the decision goes to the parole board. An attorney for one of the brothers said he hoped they would be home by Thanksgiving.

The re-examination of the case comes more than 35 years after the fatal shooting of Jose and Kitty Menendez in their Beverly Hills mansion in 1989. Their sons, then 21 and 18, were arrested less than a year later in 1990 and charged in 1996 Convicted of first degree murder.

In the two high-profile trials, the brothers did not deny killing their parents but argued that they should not be convicted because they acted in self-defense after enduring a lifetime of physical and sexual abuse at the hands of their father. The first trial – one of the first cases to be televised – ended in a mistrial after jurors disagreed on the charges. At their second trial, much of the defense's evidence about sexual abuse was ignored, and the brothers were found guilty in 1996 and sentenced to life in prison.

Several factors ultimately led to the resentencing recommendation, but whether the brothers – now in their 50s – could be released from prison remains uncertain. Here's what led to the decision and what might happen next:

Although Gascón believes Lyle and Erik Menendez were appropriately convicted during their trial more than three decades ago, they deserve a chance for a reevaluation, he told CNN's Stephanie Elam on Thursday. Gascón said he believes the brothers were sexually abused before the murders and that they had already served enough time behind bars.

Gascón's decision came just an hour before his announcement on Thursday because of widely differing opinions on the case in his office, he told CNN. Several factors went into the decision to recommend resentencing, including that several family members “have made it very clear that not only may there have been sexual abuse, but they also say that this was a very dysfunctional, very abusive.” “Home is home, and it was like that for many years,” Gascón said.

“I think they’ve served enough time,” he said.

Gascón's reconsideration of the case came after the Menendez brothers' lawyers filed a habeas corpus petition in 2023, citing new evidence as well as a recently enacted California resentencing law that requires the court to issue sentences in comparable cases can be taken into account.

Among the new evidence the court was asked to consider in the 2023 petition was: a sworn statement from former Menudo boy band member Roy Rosselló, who claimed Jose Menendez sexually abused him in the 1980s. Attorneys also said a letter Erik Menendez wrote to a cousin months before the murders referred to the abuse he suffered.

Gascón, who is running for re-election next month on a platform that includes criminal justice reform, told CNN that times have changed when it comes to the way the public and the courts treat victims of sexual abuse.

Prosecutors also examined the brothers' behavior during their incarceration and they made “enormous efforts to rehabilitate,” Gascón said.

“They were model prisoners in every respect. Not only have they worked on their own self-improvement, but they have also done much to improve the lives of those around them That part is unusual,” Gascón told CNN, noting that the men had formed groups to address dealing with untreated trauma and helping inmates with physical disabilities.

Gascón pointed to their behavior over the past three decades in prison and said he believes there is a good chance the brothers will be eligible for parole.

“What they did was terrible. They planned to murder her parents and killed them. But I think they are different people today, and we base our opinion on the behavior of the last 35 years,” Gascón said.

However, the decision on whether the brothers should be released on parole ultimately rests with the parole board if the court agrees with the prosecutor to resentence them, the prosecutor said.

Asked about increasing criticism from opponents who claimed that revising the Menendez brothers' sentence was a political move, Gascón said, “There's nothing political about it,” adding that since he took office in December 2020, there have been more than 1,000 cases in the county There have been 300 new convictions. 28 of them for murder.

Thursday's decision brought a glimmer of hope for the brothers' lawyers and family members, who said they expect the men will soon be able to reunite with their loved ones and live a life outside of prison.

“I believe they will be home before Thanksgiving,” one of the brothers' attorneys, Mark Geragos, said Thursday.

“We are grateful that the District Attorney recognized not only the extraordinary contributions Erik and Lyle made in prison, but also the role that sexual abuse played in their actions,” another attorney, Cliff Gardner, told CNN .

The motion for resentencing will be filed Friday with accompanying evidence to support Gascón's recommendation, said Nancy Theberge, deputy chief of Gascón's resentencing unit.

Her unit will then coordinate with the defense and court staff to set dates for the next trial, she said. Once a trial date is set, the defense can decide whether the brothers appear in the courtroom in person or appear via video or conference. All arguments and evidence will be admitted at this time. The judge will make a decision based on the documents presented, Theberge said.

“We’re just starting the process,” she said.

Regardless of the resentencing recommendation, the hearing on the habeas corpus petition filed last year is scheduled for November. The defense asked the court to either vacate the brothers' conviction and sentence or allow discovery and an evidentiary hearing at which they can present evidence, the petition said.

But if the defense team agrees to the prosecutor's request for a resentencing, it could withdraw that request – which would also be moot if the court agrees to a resentencing, Gascón told CNN on Thursday.

“I do not agree with the habeas arguments. “I think the sentence was appropriate considering what was going on,” Gascón told CNN. “But I believe that resentencing is an appropriate means to provide them with relief.”

The brothers' story has sparked renewed interest following the September release of the Netflix series “Monsters: The Lyle and Erik Menendez Story,” co-created by Ryan Murphy and Ian Brennan. Netflix also released a documentary this month about the Menendez case, in which both men discuss what led to the murders.

Kim Kardashian, a prominent advocate and criminal justice reform advocate who has been vocal in her support for the brothers, thanked Gascón for “righting a significant wrong.”

“Your commitment to truth and fairness is commendable,” she wrote in a statement posted on Instagram Stories. “This case highlights the importance of questioning decisions and seeking the truth, even when guilt is not in question.”

Anamaria Baralt, Jose Menendez's niece, called Gascón's decision “brave and necessary.”

“Today is a day full of hope for our family,” she said Thursday. “Together we can ensure Erik and Lyle get the justice they deserve and finally come home.”