Erik and Lyle Menendez – two brothers convicted of killing their parents in a case that shocked America more than three decades ago – should be re-sentenced by a judge and placed on parole, the Los Angeles district attorney has recommended.
The 1989 murders of Kitty and Jose Menendez at their Beverly Hills mansion shocked America for years and recently inspired a popular series on Netflix.
The case focuses on the motive for the murders of Erik and Lyle Menendez, in which their parents were shot 13 times as they watched television.
George Gascón, LA County’s top prosecutor, announced Thursday that new evidence in the case merits a reconsideration of their life sentences.
Erik Menendez, 53, and Lyle Menendez, 56, are currently serving life sentences without the possibility of parole in California.
There’s a long way to go before the two brothers can walk freely.
A judge will have the final say on whether the brothers should be resentenced, and the parole board will have to consider whether they should be released from prison after serving more than 30 years.
The couple did not receive advance notice of Mr. Gascón’s decision, nor did members of Menendez’s family.
“I believe these two brothers suffered a lot of family dysfunction and sexual abuse,” Mr. Gascón said.
He added that, although there was no excuse for murder, “I believe they have paid their debt to society”.
During criminal trials in the 1990s, prosecutors portrayed the brothers as rich kids who methodically planned murders to take over their parents’ assets.
But their defense attorney argued that the brothers were victims of years of emotional, physical and sexual abuse and only acted in self-defense.
The announcement by Mr. Gascón – who is facing a tough re-election battle – follows new evidence in the case involving allegations of sexual abuse.
One new piece of evidence is a letter from Erik Menendez to another family member that appears to have been sent from 1988 and details allegations of abuse by his father, Jose.
Other evidence comes from an underage member of the 1980s Puerto Rican boy band Menudo. The band member accused Jose Menendez, who worked as an executive at record company RCA at the time, of drugging and raping him during a visit to Menendez’s home.
The case began on August 20, 1989 when two brothers – then 18 and 21 years old – called police and reported finding their parents’ bodies after returning home.
What’s next? Will the Menendez brothers be free?
Mr. Gascón said his office plans to submit a motion for resentencing to the court on Friday. It will contain details and evidence arguing for a lighter sentence.
A hearing will be scheduled, which officials hope to schedule in the next 30-45 days, where a judge will deliberate and hear arguments for their release. Brothers can also attend.
The hearing is likely to be divisive. Mr. Gascón noted that the case has divided his office and that his staff could argue against him in court. At least one member of the Menendez family, Kitty Menendez’s brother Milton Andersen, also sharply criticized the district attorney of Playing politics with a case when he “suffered the unimaginable loss of his sister”.
He said the recommendation, if approved by the judge, would allow for the possibility of parole due to both California law and the brothers’ ages at the time of the crime. A parole board would have to review the case and reinstate the brothers — and if the board approves their release, California Gov. Gavin Newsom could still refuse.
The case is scheduled for a Nov. 26 hearing but the district attorney’s office hopes to schedule a new hearing to discuss the resentencing recommendation.
The Menendez brothers filed a motion in May 2023 detailing new evidence in their case and asking that their convictions be overturned. Mr. Gascón said his office had been reviewing the case for more than a year, but he said he made the decision Thursday, just an hour before holding a widely publicized news conference about the case. landmark project.
The decision was announced 12 days before Election Day, where Mr. Gascón is facing a tough re-election bid and is down 30 points in some polls. He denied his announcement was political and said it was a long time coming.
Neama Rahmani, a criminal defense lawyer and former federal prosecutor, told BBC News he had never seen anything like this in his career.
“It really is the perfect storm of PR and politics,” he said, noting the recent attention from famous peopleOne Netflix TV series about the case and an “embattled” district attorney vying for power. “You’ll never see another case like this. It’s a unicorn.”
Kim Kardashian thanked Mr. Gascón for “correcting a serious wrong” on her Instagram story Thursday. She said the case “underscores the importance of challenging decisions and seeking the truth”.
What did the Menendez brothers do?
Jose and Kitty Menendez were found dead in their Beverly Hills mansion after being shot multiple times in August 1989.
Their sons – Erik and Lyle – called the police, telling authorities that they had arrived home and found their parents dead.
At first, the authorities did not suspect the brothers. The couple was shot 13 times with two handguns. The brutal nature of the crime led authorities to think it may have been a mob attack.
But the brothers began to attract attention for their behavior – spending money on lavish expenses – including buying Rolex watches – gambling and partying.
A confession to their psychologist brought them undone. The doctor’s girlfriend’s recording recorded their admission to the hospital and reported it to the authorities.
In March 1990, the two brothers were charged by the police. They went to trial in 1993 and the brothers admitted murder – but argued that they acted in self-defense and feared their parents would kill them first.
They experienced years of emotional, physical and sexual abuse – specifically by their father, Jose – who worked and became a movie executive in Hollywood.
Lyle and Erik testified that they confronted their parents about the sexual abuse and things became tense in their family and they believed their parents were planning to kill them.
Family members testified about the abuse they witnessed — but no one said they witnessed sexual abuse firsthand.
Prosecutors argued that their motive was money — specifically their parents’ $14 million estate. They methodically devised their plan, purchasing two handguns a few days before the murders and spending freely afterward. They portrayed the brothers as spoiled children who thought they could get away with anything.
Their first trial ended in a mistrial, but a second trial in 1995 resulted in them being convicted of first-degree murder.
