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What’s next for the Menendez brothers as the DA addresses their resentments decades after their parents’ murders
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What’s next for the Menendez brothers as the DA addresses their resentments decades after their parents’ murders

By Cindy VonQuednow and Dalia Faheid, CNN

(CNN) – More than three decades later Lyle and Erik Menendez convicted of their parents’ murders and sentenced to life in prison without the possibility of parole, the brothers now see a path to their potential release.

Los Angeles District Attorney George Gascón will recommend Friday that a judge sentence the brothers — a decision that was the culmination of a review that came after defense lawyers said in 2023 they had new evidence showing abuse from their father.

“I will never condone murder, and these were brutal, premeditated murders,” Gascón told CNN on Thursday. “They were properly convicted at the time they were tried. They received life without the possibility of parole. I just think that given the current state of the law and given our assessment of their behavior in prison, they deserve the opportunity to be re-evaluated and perhaps reintegrated into the community.”

A hearing on the matter could take place in 30 to 45 days, when a Los Angeles Superior Court judge will ultimately decide whether the brothers will be sentenced. Gascon said he supports sentencing the brothers to life with the possibility of parole — which would normally mean 50 years to life in prison. But because the murders happened when the brothers were under 26, they would be eligible for youth parole under California law.

Calling the brothers “model prisoners,” Gascón told CNN he believes there is a good chance they will be paroled if the decision goes to the parole board. An attorney for one of the brothers said they hope to be home by Thanksgiving.

The retrial comes more than 35 years after the fatal shooting of Jose and Kitty Menendez in their Beverly Hills mansion in 1989. Their sons, who were 21 and 18 at the time, were arrested less than a year later in 1990, and convicted of first degree murder in 1996.

At the two high-profile trials, the brothers did not deny killing their parents, but argued they should not be convicted for acting in self-defense after enduring a lifetime of physical and sexual abuse from their father. The first trial — one of the first cases to be televised — ended in a mistrial after jurors deadlocked on the charges. In the second trial, much of the defense’s evidence of sexual abuse was excluded, and the brothers were found guilty in 1996 and sentenced to life in prison.

Many factors ultimately led to the sentencing 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 could happen next:

Which led to the prosecutor’s decision

Although Gascón believes Lyle and Erik Menendez were properly convicted during their trial more than three decades ago, they deserve a chance to be reevaluated, he told CNN’s Stephanie Elam on Thursday. Gascón said he believes the brothers were sexually abused before the murders and have served enough time behind bars.

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

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

Gascón’s reconsideration of the case came after lawyers for the Menendez brothers filed the case a habeas corpus petition in 2023, citing what they claim new evidenceas well as a recent one California law on resentencing where the court may consider sentences in comparable cases.

Among the new evidence, the 2023 petition asked a court to consider: an affidavit from former Menudo boy band member Roy Rosselló, who claimed Jose Menendez sexually assaulted him in the 1980s. The lawyers also said a letter written by Erik Menendez to a cousin months before the assassinations he alludes to the abuses he endured.

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

The prosecution also took into account the brothers’ behavior while incarcerated, and they “have shown extraordinary efforts to rehabilitate,” Gascón said.

“They were model prisoners in every way. Not only did they work on self-improvement, but they also put in a lot of work to improve the lives of those around them, which that part is unusual,” Gascón told CNN, indicating that the men have created groups to address how to deal with untreated trauma and help inmates with physical disabilities.

Citing their behavior over the past three decades in prison, Gascón said he believed there was a strong possibility the brothers would be paroled.

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

The decision on whether the brothers should be paroled will ultimately rest with the parole board if the court agrees with the district attorney’s office on the resentencing, according to the district attorney.

Asked about mounting criticism from opponents who suggested the Menendez brothers’ sentence reconsideration was a political move, Gascón said, “There’s nothing political about it,” adding that more than 300 resentencings have taken place in the county since he took office in December 2020. including 28 for murder.

Lawyers hope to be freed by Thanksgiving

Thursday’s decision brought a glimmer of hope for the brothers’ lawyers and family, who said they anticipate the men will soon be reunited with loved ones and living a life outside of prison.

“I think before Thanksgiving, they’ll be home,” one of the brothers’ attorneys, Mark Geragos, said Thursday.

“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,” said another attorney, Cliff Gardner, for CNN.

The resentencing petition will be filed Friday, along with evidence supporting Gascon’s recommendation, said Nancy Theberge, deputy in charge of Gascón’s resentencing unit.

Her unit will then coordinate with defense and court staff to set dates for the next proceedings, she said. Once the hearing date is set, the defense can decide whether to have the siblings physically in the courtroom or present via video or conference call. All arguments and evidence will be admitted at that time. The judge will make a ruling based on what is presented, Theberge said.

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

Separate from the resentencing recommendation, the habeas corpus petition filed last year is scheduled to be heard in November. The defense asked the court to either vacate the brothers’ conviction and sentence or allow discovery and an evidentiary hearing during which they can testify, the petition said.

But if the defense team agrees to the prosecutor’s resentencing request, it can withdraw that petition — which would also become moot if the court agrees to a resentencing, Gascón told CNN Thursday.

“I disagree with the habeas arguments. I think the sentence was appropriate given what was there,” Gascón told CNN. “But I think resentment is an appropriate vehicle to give them some avenues of relief.”

“A day full of hope for our family”

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

Nery Ynclan, executive producer of the documentary series “Menendez + Menudo: Boys Betrayed,” said it was “a miraculous day for the Menendez brothers.”

“They exhausted their appeals many years ago. There was no chance they would ever hope for freedom, and only compelling new evidence could be presented to give them a chance,” Ynclan told CNN’s Laura Coates Thursday night.

Celebrity and criminal justice reform advocate Kim Kardashian, who was vocal about her support for the brothers, she thanked Gascón for “righting a significant wrong”.

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

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

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

The-CNN-Wire
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CNN’s Stephanie Elam, Matt Friedman, Amanda Musa and Melissa Gray contributed to this report.