LA’s top prosecutor claims the Menendez brothers are out on parole

Two brothers who were convicted of killing their parents in a case that rocked America more than three decades ago are one step closer to parole.

A Los Angeles County prosecutor recommended that Erik and Lyle Menendez be sentenced by a judge because new evidence warranted review.

The 1989 murders of Kitty and Jose Menendez in their Beverly Hills mansion have gripped the US for years, recently inspiring a popular Netflix series.

For the brothers to earn their freedom, a judge would have to agree to the recommendation and then a parole board would have to approve their release.

Erik Menendez, 53, and Lyle Menendez, 56, are currently serving life in prison without the possibility of parole in California.

The case centered on the motive for the murders, in which their parents were shot 13 times while watching television.

“I think the brothers were subjected to a tremendous amount of dysfunction in their home and molestation,” George Gascón, LA County’s chief prosecutor, said Thursday.

He added that while there was no excuse for the murder, “I think they paid their debt to society.”

During their criminal trials in the 1990s, prosecutors painted the brothers as rich kids who methodically planned the murders to gain access to their parents’ wealth.

But their lawyers argued the brothers were the victims of years of emotional, physical and sexual abuse and acted only in self-defense.

The announcement by Mr Gascón – who faces an uphill battle for re-election – comes in the wake of new evidence in the dossier of allegations of sexual abuse.

One new piece of evidence was a letter from Erik Menendez to another family member that appears to be from 1988 and details the alleged abuse of his father, Jose.

The other evidence came from a then-minor member of the 1980s Puerto Rican boy band Menudo. The band member alleged that Jose Menendez, who worked as an executive at the RCA record label at the time, drugged and raped him during a visit to Menendez’s home.

The case began on August 20, 1989 when the brothers – then aged 18 and 21 – called the police and reported finding their parents’ bodies after returning home.

Will the Menendez brothers walk free?

Mr. Gascón said his office plans to file a recommendation for re-sentencing in court on Friday. It will contain details and evidence that support a lower sentence.

A hearing will be scheduled in the next 30-45 days where a judge will review and hear arguments regarding their release. Siblings may also be present.

The hearing may be divided.

Mr. Gascón noted that members of his staff could argue against him in court.

Kitty Menendez’s brother, Milton Andersen, accused the district attorney of playing politics.

If the parole board approves their release, California Gov. Gavin Newsom could reject it.

The Menendez brothers filed a motion in May 2023 detailing new evidence in their case and asking that their convictions be overturned.

The decision was announced 12 days before Mr Gascón faces a tough re-election, but he denied his announcement was political and said it was a long time coming.

“It really is the perfect storm of PR and politics,” Neama Rahmani, a criminal lawyer and former federal prosecutor, told the BBC.

“You’ll never see another case like this. It’s a unicorn.”

Kim Kardashian thanked Mr Gascón for “correcting a significant mistake” in her Instagram story on Thursday.

She said the case “highlights 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 13 times in August 1989.

Their sons – Erik and Lyle – called the police, telling authorities they arrived home to find their parents dead.

The brutal nature of the crime led authorities to think it may have been a mob hit.

But the brothers began to draw attention to their behavior – lavish spending, including buying Rolex watches, gambling and partying.

A confession to their psychologist was their undoing. The doctor’s girlfriend audiotaped him making the admission and reported it to the authorities.

In March 1990, the brothers were charged by the police. They went to trial in 1993 and the brothers admitted the crimes but claimed they acted in self-defence.

They pointed to years of emotional, physical and sexual abuse — namely from their father, Jose, who went on to be a Hollywood film executive.

Lyle and Erik testified that they confronted their parents about the sexual abuse and things became combative and they believed their parents were planning to kill them.

Family members testified about the abuse they witnessed, but none said they saw the sexual abuse firsthand.

Prosecutors argued their motive was money – namely their parents’ $14m (£10.8m) fortune.

They painted the brothers as spoiled brats who thought they could get away with anything.

Their first trial ended in a mistrial, but a second in 1995 resulted in their conviction for first-degree murder.