Resentencing of the Menendez brothers with support from the District Attorney. What’s next

After Los Angeles County District Attorney George Gascón announced Thursday that he supports the resentencing of Eric and Lyle Menendez, who were convicted of killing his parents in 1989.the brothers are one step closer to potentially being released.

Gascón said during a news conference Thursday that he would ask the judge resent the brothers For murderand that life without the possibility of parole would be lifted in their case.

Because the brothers were under 26 when they shot their parents, Gascón said they would both be eligible for parole “immediately” if the judge followed his recommendation.

“I believe they have paid their debt to society,” he said.

Gascon’s decision was made after A Netflix series And documentaryth were released about the brothers in recent weeks, sparking public interest in the case from TikTok advocates and celebrities such as Kim Kardashian — and just weeks before Election Day, when he will be re-elected as Los Angeles’ top prosecutor.

But Gascon’s demand for a review of the sentence is just the first step in a long process it may or may not lead to the release of the brothers, who have spent more than half their lives in prison, serving life sentences without the possibility of parole.

What was the decision to resentence Eric and Lyle Menendez?

Gascón filed a 57-page document overnight outlining his arguments in favor of offering a new sentence to Erik and Lyle Menendez.

Specifically, Gascón wrote that the brothers “have demonstrated exceptional conduct since sentencing” and that they “no longer pose a threat to public safety.”

At a news conference Thursday, Gascón said he believed the brothers were abused by their father, Jose Menendez, in the years leading up to his murder.

“I want to emphasize that there were terrible acts, there is no justification for murder… but I also understand how sometimes people get desperate,” he said. “I think often for cultural reasons we don’t believe victims of sexual assault.”

The brothers’ lawyers argued during their first trial in 1993 that it was their father’s abuse that made them fear for their lives. Both brothers testified about the abuse at the trial, which ended in 1994 with two jury verdicts.

When the brothers were retried in 1995, a judge ruled that evidence of abuse against their father was inadmissible, and Erik and Lyle Menendez were convicted of first-degree murder and sentenced to life in prison without the possibility of parole in 1996 year.

After their sentencing, the brothers argued that they should not spend the rest of their lives in prison after being abused by their father and that their mother, Kitty Menendez, did nothing to stop it.

In May 2023, lawyers for the Menendez brothers filed a habeas petition seeking to have their convictions overturned after the discovery of new evidence that was not available at the time of the trial, such as a photocopy of a letter from one of the brothers to another family member alleging sexual abuse. abuse and allegations of sexual assault against Jose Menendez by a member of the Puerto Rican boy band Menudo.

Earlier this year, the Menendez brothers’ legal team also filed a separate request for resentencing based on rehabilitation and behavior while serving the sentence, according to the district attorney’s office.

Gascón said during a news conference that his decision was not supported by everyone in his office.

“There are people in the office who strongly believe that the Menendez brothers should remain in prison for the rest of their lives, and they don’t believe they were molested,” Gascón said.

“And there are people in the office who strongly believe that they should be released immediately and that they were, in fact, being molested,” he added.

Gascón said in an interview with NBC News after the press conference that he would have made his decision about one to two weeks later than if the Netflix documentary had not been released, and that it had nothing to do with the upcoming election.

“The conversation could have happened, but it probably wouldn’t have happened for another week or two,” he said.

When might Erik and Lyle Menendez be resentenced?

While Gascón’s statement represents an important first step toward freedom for the brothers, it is not the final solution to their case.

Mark Geragos, a lawyer for Erik and Lyla Menendez, said after Gascón’s news conference that he believes the brothers will be released by Thanksgiving.

“I hope we have a fair hearing,” Geragos said.

Many family members Erika and Lila Menendez support their re-sentencing, and several people had a front-row seat at Gascón’s press conference on Thursday.

“This move gives us all hope that the truth will finally be heard and that Lyle and Eric can begin to heal from the trauma of their past,” Anamaria Baralt, the brothers’ cousin, said after the news conference.

However, Milton Andersen, Kitty Menendez’s brother, opposed their possible release and criticized the timing of the district attorney’s decision.

“It’s just offensive and that’s not how the justice system is supposed to work,” Andersen’s lawyer, Katie Cady, told NBC News.

What’s next in the potential resentencing process for Erik and Lyle Menendez?

NBC News senior legal correspondent Laura Jarrett explained the next steps toward freedom for the Menendez brothers on TODAY on Oct. 25 because it’s not just Gascón’s decision.

“It’s a long process, and it’s going to start now that they’ve filed the case with the judge,” Jarrett said. “The judge is probably going to schedule a hearing within the next month or so, and then if the judge agrees that they should resentence, that’s not even the case.”

The next step will be for the state parole board to decide whether they are eligible for release, Jarrett said.

“And then, even then, it may not be over because the governor may weigh in and decide to green light parole or actually block it,” she said, referring to California Gov. Gavin Newsom’s ability to accept or reject the board’s decision directors. solution.