The Los Angeles district attorney said Thursday he will recommend that a judge sentence Lyle and Erik Menendez nearly 30 years after the brothers were convicted of killing their parents — a recommendation he said would make them eligible for immediate parole.

“After very careful consideration of all the arguments made by people on both sides of this equation, I’ve come to a place where I believe that, under the law, the sentence is appropriate, and I will recommend that to a court tomorrow,” said prosecutor George Gascón . at an afternoon press conference in Los Angeles.

The brothers are serving life without the possibility of parole from their 1996 first-degree murder convictions in the 1989 slayings of their parents, Jose and Kitty, at their California mansion. Gascón’s decision to recommend a resentencing—the culmination of a review that followed defense lawyers said in 2023 they had new evidence showing their father’s abuse — was made about an hour before he announced, he said.

“I think they have paid their debt to society and the system provides a vehicle for their case to be reviewed by a parole board, and if the board agrees with my assessment … they will be released accordingly,” he said. said Gascón in front of a packed house. room that included several media outlets and family members.

A Los Angeles Superior Court judge will ultimately decide whether to sentence the brothers, Gascón’s office said. While Gascón said he would make his recommendation to the tribunal on Friday, no date has been set for a hearing on the issue, his office said. Nancy Theberge, the deputy in charge of Gascón’s resentencing unit, hopes to have a hearing in 30 to 45 days, she said.

Gascón 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, under California law, they would be eligible for youth parole.

“We are very confident that not only have the brothers rehabilitated themselves and will be safe to be reintegrated into our society, but they have paid their dues, not only for the crimes they committed, but for everything else as well which they did. to improve the lives of so many others,” Gascón said in the news conference, indicating that the men have created groups to address how to deal with untreated trauma and help inmates with physical disabilities.

The brothers “were model prisoners in every way,” Gascón said in an interview with CNN later Thursday after announcing his decision.

“Not only did they work on self-improvement, but they put in a lot of work to improve the lives of those around them, which is unusual in that part,” Gascón told CNN. “I think they’ve served enough time.”

One of the brothers’ lawyers said his team was “hopeful” the ruling would one day allow the men to have a life outside of 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 reexamination of the case comes more than 35 years after the fatal shooting of Jose and Kitty Menendez in their Beverly Hills home. Their sons, Lyle and Erik, who were 21 and 18 at the time, were arrested less than a year later in 1990 and charged with first-degree murder.

At their high-profile trials decades ago — one of the first televised cases — the brothers did not deny killing their parents. However, they argued they should not be convicted for acting in self-defence after enduring a lifetime of physical and sexual abuse from their father.

A first trial 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. The brothers were found guilty in 1996 and sentenced to life in prison.

What the 2023 defense petition 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. The judge can consider whether the defendants were victims of mental or physical abuse, whether they are rehabilitated and whether they represent a danger to society.

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.

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.

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.

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

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

“Brave and necessary,” says Jose Menendez’s granddaughter

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.

Celebrity and criminal justice reform advocate Kim Kardashian, who was vocal about her support for the brothers, she also 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.

CNN’s Cindy Von Quednow reported and wrote from Los Angeles, and 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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