LOS ANGELES (AP) — Prosecutors recommended Thursday Erik and Lyle Menendez be resentenced for the 1989 killings of their parents in the family’s Beverly Hills home, providing the brothers with a chance at freedom after 34 years behind bars.
Los Angeles County District Attorney George Gascón announced during a Thursday news conference that his office would recommend the brothers receive a new sentence of 50 years to life. Because they were under 26 years old at the time of the crimes, they would be eligible for parole immediately, he said.
Resentencing must now be approved by a judge, and the state parole board would have to sign off on the brothers’ release.
“I came to a place where I believe, under the law, resentencing is appropriate,” Gascón said. He said some members of his office oppose the decision.
Prosecutors filed the petition Thursday and a hearing before a judge could come within the next month or so.
The Menendez brothers were sentenced in 1996 to life in prison without the possibility of parole.
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted they fatally shot their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez. The brothers said they feared their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years.
Family largely unites to call for brothers’ freedom
The brothers’ extended family has pleaded for their release, saying they deserve to be free after decades behind bars. Several family members have said that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life.
Multiple members of their extended family, including their aunt Joan Andersen VanderMolen, sat in the first few rows of Thursday’s news conference. VanderMolen was Kitty Menendez’s sister and has publicly supported their release. Family members said they flew across the country on six hours’ notice to be in attendance.
Mark Geragos, an attorney for the brothers, would not say whether he had spoken to Lyle and Erik on Thursday but said he believes they have heard about the district attorney’s decision. Geragos said a “reentry plan” has already been drafted if the brothers get released to help them reacclimate to being free.
Anamaria Baralt, a niece of Jose Menendez, said the district attorney’s “brave and necessary” decision means “Lyle and Erik can finally begin to heal from the trauma of their past.”
Not all Menendez family members support resentencing. Attorneys for Milton Andersen, the 90-year-old brother of Kitty Menendez, filed a legal brief asking the court to keep the brothers’ original punishment. “They shot their mother, Kitty, reloading to ensure her death,” Andersen’s attorneys said in a statement Thursday. “The evidence remains overwhelmingly clear: the jury’s verdict was just, and the punishment fits the heinous crime.”
Geragos declined to comment on the statement by Andersen’s attorneys.
District attorney believes Erik and Lyle ‘paid their debt’
Gascón said he made the final decision only an hour before the news conference and that family members were told just minutes before.
Despite their life sentences, Gascón said the brothers worked on redemption and rehabilitation inside prison.
“I believe that they have paid their debt to society,” he said.
Though Kitty Menendez was not accused of abusing her sons, she appears to have facilitated the abuse, according to her sons’ legal filings. One cousin testified during the brothers’ first trial that Lyle told her he was too scared to sleep in his room because his father would come in and touch his genitals. When the cousin told Kitty Menendez, she “angrily dragged Lyle upstairs by his arm,” the petition said.
Another family member testified that when Jose Menendez was in the bedroom with one of the boys, no one was allowed to walk down the hallway outside.
The Menendez brothers were tried twice for their parents’ murders, with the first trial ending in a hung jury.
Prosecutors at the time contended that there was no evidence of molestation, and many details in the story of sexual abuse were not permitted in the second trial. The district attorney’s office also said back then that the brothers were after their parents’ multimillion-dollar estate.
How Los Angeles politics could play a role
The LA district attorney is in the middle of a tough reelection fight against former federal prosecutor Nathan Hochman, who has blamed Gascón’s progressive reform policies for recent high-profile murders and increased retail crime.
Gascón said Thursday that his office has recommended resentencing for some 300 offenders, including people behind bars for murder.
Hochman on Thursday questioned the timing of the Gascón’s announcement, coming less than two weeks before the election and calling it a “desperate political move.”
He said he is unable to form his own opinion on the case without access to confidential records and relevant witnesses.
“If I become DA and the case is still pending at that time, I will conduct a review consistent with how I would review any case,” Hochman said.
Geragos said the DA took the case seriously long before there was any talk of him losing reelection.
Laurie Levenson, a professor of criminal law at Loyola Law School in Los Angeles, warned that the judge would not likely be a “rubber stamp” on the resentencing recommendation due to dissent within Gascón’s office.
“That puts the judge actually in a very challenging position,” Levenson said, who noted that she had not heard of any cases until recently where the head of the office disagreed with other lawyers involved in the case. Ultimately, Gascón chose the “safest route” for his decision — leaving it up to the court and parole board, she said.
Geragos has said he’s hopeful the brothers could be freed by Thanksgiving. Levenson called that deadline “awfully hopeful.”
Recent documents bring new attention to case
The Menendez case has gained new traction in recent weeks after Netflix began streaming the true-crime drama “ Monsters: The Lyle and Erik Menendez Story.”
Roy Rossello, a former member of the Latin pop group Menudo, also recently came forward saying he was drugged and raped by Jose Menendez, the boys’ father, when he was a teen in the 1980s.
Rossello spoke about his abuse in the 2023 Peacock docuseries “Menendez + Menudo: Boys Betrayed.” His allegations are part of the evidence listed in the petition filed last year by the Menendez brothers’ attorney, seeking a review of their case. Rossello’s assertion that he was raped twice by Jose Menendez is part of the Menendez brothers’ petition.
Menudo was signed under RCA Records, which Jose Menendez headed at the time.
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Associated Press videojournalist Thomas Peipert in Denver contributed to this report. ___ This story corrects the spelling of Milton Andersen’s name. It is not Anderson.
Interview with Legal Expert: The Menendez Brothers Resentencing Case
Host: Welcome to our special segment today, where we discuss the recent developments in the Menendez brothers’ case. Joining me is Dr. Laura Jensen, a criminal law expert from the University of Southern California. Thanks for being with us, Dr. Jensen.
Dr. Jensen: Thank you for having me.
Host: Just recently, the Los Angeles County District Attorney George Gascón announced a recommendation for Erik and Lyle Menendez to be resentenced for the 1989 murders of their parents. What are the implications of this decision?
Dr. Jensen: This recommendation for resentencing is indeed significant. The DA suggested a new sentence of 50 years to life, which could lead to the brothers being eligible for parole immediately due to their age at the time of the crime. This decision reflects a growing recognition of issues surrounding childhood trauma and abuse within the legal system, which many argue were not adequately addressed during their original trials.
Host: Absolutely. The brothers’ claim that they acted out of fear of continued abuse has gained more attention over the years. How might this play into the court’s decision?
Dr. Jensen: The court will have to evaluate whether the claims of past abuse, especially that Erik Menendez was sexually abused by their father, can be sufficiently substantiated now. This new perspective on abuse and mental health is considerably more recognized today compared to the late ’90s, which may influence the judge’s decision on resentencing.
Host: Interestingly, some family members have come forward in support of the brothers’ release, citing a shift in societal attitudes toward sexual abuse. How impactful do you think family support can be in this context?
Dr. Jensen: Family support can play a notable role in these proceedings. It signals to the court that there are people ready to support the Menendez brothers upon their release, which is vital for successful reintegration. Additionally, with the broader family advocating for them can lend credibility to their claims of abusive family dynamics.
Host: There’s a political dimension to this as well, particularly with Gascón facing reelection. Some suggest this might influence his decision-making. What’s your take?
Dr. Jensen: Politics inevitably intertwines with high-profile cases like this, especially with an election looming. Critics are questioning the timing, suggesting it might be a strategic move. Still, it’s also possible that Gascón’s decision reflects genuine belief in reform and rehabilitation, which aligns with current trends in criminal justice reform—though the pressure of public opinion and upcoming elections should not be overlooked.
Host: A valid point. As for the next steps, what can we expect in terms of legal proceedings?
Dr. Jensen: A judge will now have to review the DA’s recommendation, as well as the dissenting opinions within the DA’s office. This may not be a straightforward process, especially if the judge wants to consider the nuanced dynamics of the case. The parole board will also have a critical role in determining if they will actually be released, so it’s definitely a situation that’s still unfolding.
Host: Thank you, Dr. Jensen, for your insights. It will be interesting to see how this all develops.
Dr. Jensen: Thank you for having me. I look forward to the ongoing conversations about this case as it progresses.
Important for demonstrating their potential for rehabilitation. The backing from family members can provide the court with assurance that if resentenced, the brothers would not be returning to the same toxic environment they faced previously, thereby reducing the risk of reoffending.
Host: That’s a key point. It’s also interesting to note that the district attorney’s recommendation comes amidst a backdrop of changing public perceptions regarding trauma and accountability. How do you think this will affect the judge’s ruling?
Dr. Jensen: The evolving views on trauma and domestic abuse may greatly influence the judge’s assessment. Judges today are more informed about the long-lasting effects of childhood trauma and how it can impact behavior. Given that the DA’s office has publicly acknowledged these factors, the judge may feel more compelled to consider them seriously when making a decision on resentencing.
Host: There are also reports that the brothers’ extended family supports their release and argues that the brothers would not have been convicted under today’s legal and societal standards. How does this perspective influence the situation?
Dr. Jensen: Family support, especially when it’s unified, is powerful in these types of cases. It speaks to the potential for a positive support system post-release. The acknowledgment of a change in societal attitudes towards sexual abuse may resonate with the judge, highlighting that past assumptions about the Menendez brothers’ actions could be viewed differently in today’s context.
Host: what are the next steps in this process moving forward?
Dr. Jensen: The next crucial step is the hearing before a judge, which could happen in the next month. The judge will take into account the DA’s recommendation, the arguments from both sides, and the existing evidence before making a ruling. If the ruling favors resentencing, the state parole board will then need to review the case before any potential release occurs. it’s a multi-step process that will be closely monitored not just by legal experts, but also by the public.
Host: Thank you so much for your insights, Dr. Jensen. This case remains a significant topic of discussion as it navigates the complexities of the legal system and societal changes. We appreciate your time today.
Dr. Jensen: Thank you for having me. It’s important to have these conversations.
Host: Stay tuned for more updates on this developing story.
