Are the Menendez brothers free? What you need to know about the resentencing decision

Los Angeles County District Attorney George Gascón is expected Friday to file a recommendation to resentence Erik and Lyle Menendezbrothers serving life sentences for killing their parents in 1989 in a case that has captured the nation’s attention for over three decades.

Gascón on Thursday revealed his long-awaited decision in the infamous case, saying the brothers had “paid their debt to society”. Under California law, they would be eligible for youth parole because they were under 26 at the time of the crime.

After the prosecution submits the request, it will be submitted to the judge. If the judge sides with the defense and the district attorney, a parole board will evaluate whether the brothers have been rehabilitated and are safe to re-enter society.

In a news conference Thursday, Nancy Theberge, the deputy in charge of Gascón’s resentencing unit, said she would like the resentencing petition to go before a judge in the next 30 to 45 days. She added that the siblings could attend the hearing either in person or via Zoom.

The landmark decision came after the brothers’ lawyers filed new evidence last year that they said shed light on the abuse they suffered at the hands of their father, Jose Menendez, a wealthy music executive. In recent months, the brothers’ family, as well as celebrities and human rights advocates, have called on Gascón’s office to free the convicted men, citing new evidence and evolving understanding of victims of sexual abuse.

The Menendez brothers were convicted in 1996 of murdering their parents Jose and Kitty Menendez after their first high-profile televised trial ended in a hung jury. Their lawyers claimed they acted in self-defense and said they were sexually abused by both parents. Prosecutors said the abuse never happened and that the brothers were after their parents’ fortune, then valued at about $15 million.

The case has gained new attention following a recent documentary series and a controversial true-crime drama, all of which hastened the development of the case.

Here’s what we know about the case and the Menendez brothers’ uncertain path to freedom:

What happens next?

The prosecutor’s office will submit to the court on Friday the request to summon the brothers to be sentenced. No one will be physically in a courtroom, Theberge said.

She said the filing will include legal arguments and accompanying exhibits that will shed light on why the DA’s office made the decision to resentence.

Theberge said the resentencing unit will then coordinate with the defense to set a court date so the petition seeking the resentencing can be heard. The court will then rule on the request.

If the judge agrees the brothers should be sentenced, they will go before a parole board, which will first assess “whether they are rehabilitated and safe to be released,” Gascón said.

The prosecutor said that while he and some members of his office believed the brothers deserved to be sentenced, there could be other members of his office who will present arguments as to why they should remain in prison for life.

“It is very possible that members of this office will be present in court opposing their convictions — and they have the right to do so,” he said, adding: “We encourage those who disagree with us to speak up instance. .”

What led to the prosecutor’s decision?

Gascón told reporters Thursday that he made the decision about an hour before the press conference where he announced the bomb development.

He said his decision came after careful consideration of the arguments on both sides, with some employees in his office arguing for their immediate release and others arguing they should “stay in prison for the rest of their lives.” He said his staff disagrees if they believe the boys were molested.

After evaluating the evidence, the prosecutor came to the belief that the brothers “were subjected to a great deal of domestic dysfunction and molestation,” he said, adding, “I think, as a matter of law, resentment is appropriate.”

Another factor in his decision was the brothers’ behavior in prison. He said they not only sought to improve themselves but also tried to improve the lives of their fellow inmates.

They created groups to deal with untreated trauma and others to help prisoners with disabilities, Gascón said. In one case, Lyle Menendez negotiated for other inmates “regarding the conditions under which they live in prison.”

“All this was done by two young men who had no hope of ever getting out of prison,” he said.

What was the new evidence?

New evidence weighed by the DA’s office includes a letter Erik Menendez wrote to his cousin, Andy Cano, in which he alluded to the abuse he suffered.

An extract from the letter, which the defense said was written eight months before the murders, was included in a 2023 habeas corpus petition filed by the brothers’ lawyers.

“I tried to avoid dad. It still happens Andy, but now it’s worse for me,” he said. “I never know when it’s going to happen and it drives me crazy. Every night I lay awake thinking it might come in. .”

The letter later read: “I know what you said before, but I’m afraid. You just don’t know dad like I do. He’s crazy! He warned me a hundred times to tell someone.”

The prosecution also looked into allegations by a member of the 1980s pop group Menudo that he was abused by Jose Menendez — allegations made public in a documentary called “Menendez + Menudo: Boys Betrayed.”

Family members, celebrities react to DA’s decision

At Thursday’s news briefing, some family members expressed gratitude for the prosecutor’s decision after years demanding the release of the brothers.

“This step gives us all hope that the truth will finally be heard and that Lyle and Erik can begin to heal from the trauma of their past,” said Anamaria Baralt, a niece of Jose Menendez.

Reality TV star Kim Kardashian, who has been an outspoken advocate for the brothers’ release and visited them in prison, said they were “given a second chance at life” in a social media post.

“Your commitment to truth and fairness is commendable,” she wrote, referring to Gascón, in a statement posted on Instagram.

Joan VanderMolen, Kitty Menendez’s sister, told reporters at Thursday’s news conference that the decision was a “courageous and compassionate step forward.”

“This decision is not just a legal matter, it is an acknowledgment of the abuse endured by my cousins,” she said. “It’s time for Lyle and Erik to come home.”

Contributing: John Bacon, Minnah Arshad, USA TODAY; Reuters

This article originally appeared on USA TODAY: Menendez brothers resent decision: Everything we know so far