Los Angeles district attorney says he will recommend resentencing in decades-old Menendez brothers murder case

The Los Angeles County District Attorney said Thursday he would recommend the judge rescind Lyle and Erik Menendez nearly 30 years after the brothers were convicted of killing their parents; That recommendation would make them eligible for immediate parole, he said.

“After very carefully reviewing all of the arguments from people on both sides of this equation, I have come to a point where I believe resentencing is appropriate under the law, and I will recommend that to the court tomorrow,” District Attorney George Gascón said. at an afternoon press conference in Los Angeles.

The brothers have been serving life sentences without the possibility of parole since their 1996 conviction for first-degree murder in the 1989 slayings of their parents, Jose and Kitty, at their California mansion. Decision to recommend Gascón resentencing – the culmination of the aftermath review Defense lawyers say there will be new evidence in 2023 She said that pointing out their father’s abuse was made about an hour before she announced it.

“I believe that they have paid their debt to society and that the system has provided a means for their cases to be reviewed by the parole board, and if the board agrees with my assessment… they will be released accordingly,” Gascón said before a large crowd. Room with several media outlets and family members.

A Los Angeles Superior Court judge will decide whether to resentence Gascón’s office, who are brothers after all in question. While Gascón said he would submit his recommendation to the court on Friday, his office said a hearing date on the matter has not been set. Nancy Theberge, Gascón’s deputy in charge of the estrus unit, said she hopes the hearing will be held within 30 to 45 days.

Gascón said he supports sentencing the brothers to life in prison with the possibility of parole, which normally means 50 years to life in prison. But because the crimes were committed when the brothers were under 26, they would be eligible for juvenile parole under California law.

“We are very confident that not only are our brothers rehabilitated and it will be safe for them to reintegrate into our society, but that they have paid the price not only for the crimes they committed, but also for the other things they did. The men formed groups to address how to deal with untreated trauma and help physically disabled inmates, Gascón said at the press conference.

The brothers were “exemplary prisoners in every respect,” Gascón said in an interview with CNN on Thursday after announcing his decision.

“Not only did they improve themselves, but they also did a lot of work to improve the lives of those around them, which is unusual,” Gascón told CNN. “I believe they’ve had enough time.”

One of the brothers’ lawyers said his team was “hopeful” the ruling would one day allow the men to live outside prison.

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

The re-examination of the case comes 35 years after Jose and Kitty Menendez were shot to death in their Beverly Hills home. His sons, Lyle and Erik, then 21 and 18, were arrested less than a year later, in 1990, and charged with first-degree murder.

In high-profile trials held decades ago (one of the first trials to be televised), the brothers did not deny killing their parents. However, they argued that they should not be convicted because they acted in self-defense after being subjected to physical and sexual abuse by their father throughout their lives.

The first trial ended in a mistrial after jurors deadlocked on the charges. At the second trial, most of the defense evidence regarding sexual abuse was excluded. The brothers were convicted in 1996 and sentenced to life imprisonment.

What was written in the 2023 defense petition?

Gascón’s reexamination of the case comes after the Menendez brothers’ lawyers filed a lawsuit habeas corpus petition In 2023, referring to what they claim new evidenceand also recently California law On re-sentencing, where the court may take into account sentences in comparable cases. The judge may consider whether defendants have been victims of psychological or physical abuse, whether they have been rehabilitated, and whether they pose a danger to society.

Among the new evidence the court was asked to consider in the 2023 petition was: The affidavit of former Menudo boy band member Roy Rosselló, who alleged that Jose Menendez sexually assaulted him in the 1980s. Lawyers also said Erik Menendez’s letter to his cousin He alludes to the abuse he suffered in the months before the murders.

The petition states that the defense wants the court to either annul the brothers’ conviction and sentence or allow a discovery and evidentiary hearing where they can present evidence.

The brothers’ story received new attention 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 In this month’s Menendez trial, both men discuss what led to the murders.

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

“There’s no doubt that today’s jury will probably look at this case very differently than the jury did 35 years ago,” he said.

‘Brave and necessary,’ says Jose Menendez’s nephew

“There is nothing political about this,” Gascón said when asked about the increasing criticism from opponents who claimed that the review of the sentence of the Menendez brothers was a political move, adding that there had been more than 300 incidents of outrage in the district since he took office in December 2020. Including 28 for murder.

Celebrity and criminal justice reform advocate Kim Kardashian vocal He also thanked Gascón for “correcting an important wrong” regarding his support for the brothers.

“Your commitment to truth and justice is commendable,” he wrote in a statement posted to his Instagram stories. “This case highlights the importance of challenging 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 of hope for our family,” he said Thursday. “Together we can make sure Erik and Lyle get the justice they deserve and finally come home.

CNN’s Cindy Von Quednow reported and wrote from Los Angeles, while Amanda Musa and Melissa Gray reported and wrote from Atlanta. CNN’s Stephanie Elam and Matt Friedman contributed to this report.

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