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The Menendez brothers are “cautiously optimistic” they will be released, the attorney says
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The Menendez brothers are “cautiously optimistic” they will be released, the attorney says

The attorney for Lyle and Erik Menendez said he thinks the brothers are “cautiously optimistic that they can see some real relief” after the Los Angeles County district attorney announced he is recommending resentencing.

Mark Geragos told ABC News’ Good Morning America that his goal is to have the brothers home for Thanksgiving.

While District Attorney George Gascón said he hopes to have a hearing on the docket within the next 30 to 45 days, Geragos said he thinks a hearing will take place “well before that.”

Lyle, left, and Erik Menendez sit with attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing, November 26, 1990.

Nick Ut/AP, FILE

Watch “Menendez Brothers: Monsters or Victims?” of “IMPACT by Nightline,” now streaming only on Hulu. (Disney is the parent company of Hulu and ABC News).

Gascón said he recommended in a court filing Friday that the brothers’ life sentences without the possibility of parole be revoked and that they instead be convicted of murder, which would be a prison sentence of 50 years to life. Because of the brothers’ ages — they were both under 26 at the time of the crimes — they would be immediately eligible for parole, Gascón said at a news conference Thursday.

The final decision on the sentence will be made by a judge and the parole board must also agree, Gascón said.

PHOTO: Los Angeles County District Attorney Gascon speaks during a press conference to announce a decision in the Menendez brothers' case, in Los Angeles

Los Angeles County District Attorney George Gascon shakes hands with a family member sitting next to Joan Andersen VanderMolen, sister of Kitty Menendez, as they attend a press conference to announce a decision in the Erik brothers’ case and Lyle Menendez, who has been in prison for 34 years. in prison for the shotgun murder of their parents, in Los Angeles, October 24, 2024.

Mike Blake/Reuters

Gascón told ABC News this month that any recidivism recommendation would take into account the decades the brothers had already served and their behavior in prison.

The brothers made a positive impact while in prison, despite “no hope of ever getting out of prison,” Gascón said. They focused on “creating groups to deal with addressing untreated trauma, creating groups to deal with other prisoners who have physical disabilities and may be treated differently. Even in one case, Lyle negotiated for other prisoners about the conditions under which they live,” he said.

Geragos said Lyle Menendez earned a college degree behind bars, while Erik Menendez provides hospice care to inmates.

“They’ve done great things in prison. I don’t see anything that will stop them from continuing that work once they’re out,” Geragos said.

PHOTO: Los Angeles County District Attorney George Gascon speaks during a press conference to announce a decision in the case of brothers Erik and Lyle Menendez, at his office in Los Angeles, October 24, 2024.

Los Angeles County District Attorney George Gascon speaks during a press conference to announce a decision in the case of brothers Erik and Lyle Menendez, who served 34 years in prison for the shotgun murders of their parents, on its office in Los Angeles. 24, 2024.

Mike Blake/Reuters

Gascón said his message to the brothers is: “We appreciate what they did while they were in prison. While I disapprove of the way they handled their abuse, we hope that they have not only learned – which appears to have happened – but that as they are reintegrated into our community they continue to do the public good.”

Erik Menendez, center, listens to his attorney Leslie Abramson as his brother Lyle looks on in Beverly Hills, California, May 17, 1991.

Julie Markes/AP, FILE

“There is no excuse for murder,” Gascón emphasized at the press conference, adding that he “does not believe that manslaughter would have been the appropriate charge (to ask in the criminal case) given the premeditation involved .”

Lyle and Erik Menendez were each sentenced to two consecutive terms of life without parole after being convicted in 1996 of fatally shooting their parents.

Lyle Menendez looks up during testimony in his and his brother Erik’s retrial for the shotgun murders of their parents, Oct. 20, 1995, in Los Angeles.

(Steve Grayson/Pool Photo via AP, FILE

Lyle Menendez was 21 and Erik Menendez was 18 when they murdered Jose and Kitty Menendez in 1989 at the family’s Beverly Hills home. The brothers argued that they acted in self-defense after enduring years of sexual abuse at the hands of their father; Prosecutors alleged that they murdered their wealthy parents for financial gain.

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

Erik Menendez and his brother Lyle listen during a pre-trial hearing, December 29, 1992, in Los Angeles.

Vince Bucci/AFP via Getty Images

But one family member – the brothers’ uncle, Milton Andersen – is adamant about keeping them behind bars. He said he firmly believes his cousins ​​were not sexually abused and motivated by greed.

“The jury’s verdict was fair and the sentence is appropriate for this heinous crime,” he said in a statement.