CNN
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More than 30 years after Lyle and Eric Menendez were convicted of murdering their parents and sentenced to life in prison without parole, the brothers are finding a path to possible release.
Los Angeles District Attorney George Gascón is expected to recommend to a judge Friday that the brothers be found guilty, a decision that comes after the defense team said there was new evidence of abuse by their father in 2023. This was the culmination of the re-examination made by the government.
“I will never forgive the murders. They were brutal, premeditated murders,” Gascón told CNN on Thursday. “They received an appropriate sentence when they went to trial. They got life without the possibility of parole. Our assessment of the current state of the law and their behavior in prison. I think they deserve a re-evaluation and perhaps an opportunity to reintegrate into society.”
A hearing on the matter could be held in the next 30 to 45 days, when a Los Angeles Superior Court judge will ultimately decide whether the brothers are resentful. Gascón said he supported appealing the brothers’ grievances with the possibility of parole, which would normally mean 50 years to life in prison. However, because the crimes occurred when the brothers were under the age of 26, they are eligible for youth parole under California law.
Gascón called the brothers “model prisoners” and said he believed they had a good chance of being released on parole if the parole board made a decision. An attorney for one of the brothers said they hope to be home by Thanksgiving.
The re-examination of the case comes more than 35 years after Jose and Kitty Menendez were shot to death in their Beverly Hills mansion in 1989. Their sons, then 21 and 18, were arrested less than a year later in 1990 and convicted of first-degree murder in 1996.
In two high-profile trials, the brothers did not deny killing their parents, but argued it was in self-defense after a lifetime of physical and sexual abuse at the hands of their father and they should not be convicted. did. The first trial, one of the first to be shown on television, ended in a mistrial after the jury deadlocked on the charges. A second trial excluded much of the defense evidence regarding sexual abuse, and the brothers were convicted in 1996 and sentenced to life in prison.
Multiple factors ultimately led to the recommendation for reoffending, but it remains unclear whether the brothers, now in their 50s, will be released from prison. Here’s how we came to this decision and what happens next.
Gascón said he believes Lyle and Eric Menendez were sentenced appropriately in the more than 30-year-old case, but he believes they deserve a chance to be reevaluated, CNN’s Stephanie Elam told Thursday. I told Mr. Gascón said the brothers had been sexually abused before the killings and believed they had served enough time in prison.
Gascón told CNN that his decision was made just an hour before Thursday’s announcement because there were widely differing opinions on the case within his office. The decision to recommend re-sentencing involved multiple factors, including multiple family members who said, “In addition to the possible sexual abuse, this family is highly dysfunctional.” “And it was very clear that it was a very abusive home, and so was the family.” For years,” Gascón said.
“I believe they have had enough time,” he said.
Gascon’s retrial of the case comes after lawyers for the Menendez brothers filed a writ of habeas corpus in 2023, citing what they claim is new evidence and the court’s review of similar cases. It was done citing recent California resentencing laws that could be considered in sentencing.
Among the new evidence the 2023 petition asked the court to consider is a sworn statement from former Menudo boy band member Roy Rosselló, who claims he was sexually assaulted by Jose Menendez in the 1980s. Contains books. Lawyers also said a letter Eric Menendez wrote to his cousin months before the murders hinted at the abuse he suffered.
Gascón, who is running for re-election next month on a platform that includes sentencing reform, told CNN that times have changed in how the public and courts treat victims of sexual abuse.
The district attorney’s office also considered the brothers’ actions while incarcerated, and the brothers “have shown significant efforts toward rehabilitation,” Gascón said.
“No matter how you look at it, they were model prisoners. They not only worked to improve themselves, but they also went to great lengths to make the lives of those around them better, which is unusual.” Gascón told CNN, suggesting the men have formed a group to work on solutions. Address untreated trauma and support disabled inmates.
Gascón said he believes the brothers have a good chance of being released on parole, citing their actions in prison over the past 30 years.
“What they did was terrible. They planned the murder of their parents, they murdered them. But I think they are different people now and our opinions are based on their actions over the past 35 years. ” Gascón said.
But if the court agrees with the district attorney’s office on resentencing, the decision on whether the brothers should be paroled will ultimately fall to the parole board, the district attorney said.
When asked about the growing criticism from opponents suggesting that reconsidering the Menendez brothers’ sentence was a political move, Gascón said, “There is nothing political about this,” adding that on December 12, 2020, He added that there have been more than 300 backlashes in the county since he took office in September. Of these, 28 were charged with murder.
Thursday’s decision brings a glimmer of hope to the brothers’ lawyers and families, who said they expect they will soon be reunited with their loved ones and have a life outside of prison.
“We believe they will be home by Thanksgiving,” Mark Geragos, one of the brothers’ attorneys, said Thursday.
“We are grateful that the district attorney recognized not only Eric and Lyle’s extraordinary contributions while in prison, but also the role that sexual abuse played in their actions,” another attorney, Cliff Gardner, told CNN. “I’m doing it,” he said.
Gascón’s re-sentencing petition will be filed Friday and will be accompanied by evidence supporting Gascón’s recommendation, said Nancy Theberge, deputy director of Gascón’s re-sentencing unit.
Her unit will then coordinate with defense attorneys and court staff to set dates for the next case, she said. Once a hearing date is set, the defense can decide whether to have the brothers physically present in court, or by video or conference. All claims and evidence will be admissible at that time. The judge will make a decision based on what is presented, Teberge said.
“We are just beginning the process,” she said.
Apart from the resentencing, a habeas petition filed last year is scheduled to be heard in November. According to the petition, the defense asked the court to either vacate the brothers’ convictions and sentences or grant an evidentiary hearing for discovery and presentation of evidence.
But if the defense team agrees to the DA’s request for re-sentencing, it could withdraw its petition, which would also be null and void if the court agrees to re-sentence, Gascón said Thursday. told CNN.
“I don’t agree with the habeas corpus argument. I think the conviction was appropriate given what happened,” Gascón told CNN. “However, I believe this outrage is an appropriate means to provide them with some avenue of redress.”
The brothers’ story has received renewed interest since the Netflix series Monsters: The Story of Lyle and Erik Menendez, co-created by Ryan Murphy and Ian Brennan, was released in September. Netflix released a documentary about the Menendez case this month, featuring both men discussing the circumstances that led to the killing.
Nelly Inclan, executive producer of the documentary “Menendez + Menudo: The Betrayed Boys,” said it was “a miraculous day for the Menendez brothers.”
“They exhausted their case years ago. They have no hope of freedom, and only new and convincing evidence can be brought forward to give them a chance. ” Inclan told CNN’s Laura Coates on Thursday night.
Celebrity and criminal justice reform advocate Kim Kardashian was vocal in her support for her brother, thanking Gascón for “righting a grave wrong.”
“Your commitment to truth and fairness is admirable,” she said in a statement posted to her Instagram Story. “This case highlights the importance of challenging decisions and seeking the truth, even if no charges have been laid.”
Anamaria Balart, Jose Menéndez’s niece, called Gascón’s decision “brave and necessary.”
“Today is a hopeful day for our family,” she said Thursday. “Together, we can make sure Eric and Lyle get the justice they deserve and can finally go home.”