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Menendez brothers case: LA prosecutors want Erik and Lyle Menendez reconvicted in 1989 murder of their parents
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Menendez brothers case: LA prosecutors want Erik and Lyle Menendez reconvicted in 1989 murder of their parents

LOS ANGELES (KABC) — Los Angeles County prosecutors are recommending that Erik and Lyle Menendez be re-sentenced for the 1989 murders of their parents at the family’s Beverly Hills home, giving the brothers a chance at freedom after 34 years behind bars.

District Attorney George Gascón announced his decision at a news conference Thursday afternoon.

“We are going to recommend to the court (Friday) that life without the possibility of parole be removed and they would be convicted of murder,” Gascón said.

Normally, that would mean a prison sentence of 50 years to life, he said. But because of their ages – they were both under 26 at the time of the crimes – they would have been immediately eligible for parole.

“I believe they have paid their debt to society,” he said. “The final decision will be made by the judge.”

October 2024 images of Erik (left) and Lyle Menendez of the California Department of Corrections and Rehabilitation.

October 2024 images of Erik (left) and Lyle Menendez of the California Department of Corrections and Rehabilitation.

California Department of Corrections and Rehabilitation

Gascón said part of his decision was based on a review of how the brothers behaved in prison. Even when faced with the likelihood of a life sentence, they avoided misconduct or joining gangs and instead worked to help fellow inmates improve their lives, he said. For example, they worked to create groups to help prisoners cope with untreated trauma, and other groups to help prisoners with physical disabilities. Lyle also helped advocate for better living conditions for prisoners, he said.

The brothers themselves and other family members were not informed of his decision in advance, so they would likely have discovered the news by watching his televised press conference. He said he finalized the decision only about an hour before the start of the news conference.

Gascón is currently embroiled in a re-election battle against former federal prosecutor Nathan Hochman, who released a written statement questioning the timing of the decision so close to the election:

“DA George Gascon received the Menendez habeas corpus petition in May 2023 and the request for reconviction in February 2024. Yet he waited until days before the November 5 election, down 30 points in the polls, to write articles about how his failed policies led to even more murders of innocent people, to release his resentencing recommendation. By releasing it now, Gascon has compromised the fairness and impartiality of his decision, leaving Angelenos to question whether the decision was right and just or just another desperate political move. by a prosecutor running a losing campaign and trying to make headlines through a TV decision, and everyone involved deserves better.”

During his press conference, Gascón declined to answer reporters’ questions specifically about how the decision relates to his campaign.

But when asked what would happen if he loses the election and his successor has a different view on the matter, Gascón said it should make no difference because once his office makes their position known, the matter is in the hands of the court. The district attorney’s office expects to file the case with the court on Friday and hopes to appear on the court docket within the next 30 to 45 days. The elections are on November 5.

Los Angeles County District Attorney George Gascón announces he will support the conviction of the Menendez brothers in their murder case.

Attorney Mark Geragos, who represents members of the Menendez family who support the brothers’ release, said a detailed plan has been formulated — and shared with the district attorney’s office — for their return to society if they are released. For security reasons, he did not provide details about the plan, but noted that both brothers are married to women who earn a living. Both brothers are also enrolled in college programs, with Lyle pursuing a master’s degree and Erik pursuing a bachelor’s degree.

He remains optimistic they can be home by Thanksgiving.

The family is united behind one idea, Geragos said: “And that is: Bring them home. Bring them home. Enough is enough.”

The Beverly Hills Police Department, which investigated the 1989 murder, released a statement that neither praised nor criticized the district attorney’s position but noted that their agency was not involved in the decision.

“Today’s decision to recommend resentencing was made entirely by the Los Angeles County District Attorney’s Office. BHPD was not consulted or contacted by the District Attorney’s Office regarding this decision. As the investigating agency for the case, the BHPD presented relevant facts and evidence to the Los Angeles County District Attorney’s Office. Angeles County District Attorney’s Office, which resulted in the filing of criminal charges at the time.”

The decades-old case began on August 20, 1989, when Lyle and Erik Menendez shot and killed their parents, Jose and Kitty Menendez, at the family’s Beverly Hills home. Lyle Menendez, then 21, and Erik Menendez, then 18, used hunting rifles they had purchased days earlier.

Los Angeles County District Attorney George Gascón announces he will support the conviction of the Menendez brothers in their murder case.

Prosecutors alleged that the brothers killed their wealthy parents for financial gain.

The defense argued that the brothers acted in self-defense after years of sexual abuse by their father.

RELATED: New audio released of Menendez brothers behind bars as district attorney says he will review new evidence

The Menendez brothers were sentenced to life in prison without parole for the murder of their parents in 1989. The LA District Attorney’s Office is now examining new evidence in the case.

Their first trials – which captured the nation’s attention with cameras in the courtroom – ended in mistrials.

In 1996, at the end of a second trial – in which the judge rejected much of the evidence of sexual abuse – the brothers were convicted of first-degree murder and sentenced to two consecutive life sentences without the possibility of parole.

The sensational case gained new attention this fall with the release of the Netflix drama “Monsters: The Lyle and Erik Menendez Story” and the Netflix documentary “The Menendez Brothers.”

SEE ALSO: The Menendez brothers’ uncle says they should not be released

Kitty Menendez’s brother, Milton Andersen, said through an attorney that he wants Erik and Lyle Menendez to remain in prison and serve their life sentences.

Gascón said this month that his office was evaluating new evidence: allegations from a member of the boy band Menudo who said he was abused by Jose Menendez, and a letter Erik Menendez wrote to a cousin eight months before the murders expressing his describes alleged abuse.

Erik Menendez’s cousin testified about the alleged abuse during the trial, but Erik Menendez’s letter – which would have corroborated the cousin’s testimony – was not unearthed until several years ago, according to Geragos.

Nearly two dozen relatives of the brothers gathered at a news conference last week to call for their conviction.

RELATED: The Menendez brothers’ family members speak out at a press conference calling for their release from prison

Nearly two dozen family members of Lyle and Erik Menendez united in Los Angeles to urge the district attorney to re-sentence the brothers.

“As tragic as their actions were, they were the desperate response of two boys trying to survive their father’s unspeakable cruelty,” said Kitty Menendez’s sister, Joan Andersen VanderMolen. “As an aunt, I had no idea the extent of the abuse they suffered.”

“It’s time to give them the opportunity to live the rest of their lives free from the shadow of their past,” she said.

Behind bars, the siblings “sought to better themselves and serve as support and inspiration to survivors around the world,” Jose Menendez’s niece, Anamaria Baralt, added. “Their continued incarceration serves no rehabilitative purpose.”

The brothers “deserve a chance to heal, and our family deserves a chance to heal with them,” Baralt said.

Despite the outpouring of support, one family member – the brothers’ uncle, Milton Andersen – is adamant about keeping them behind bars. He said in a statement that he firmly believes his cousins ​​were not sexually abused and motivated by greed.

ABC News and Associated Press contributed to this report.

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