Prosecutors have officially recommended that Erik and Lyle Menendez be re-sentenced for the 1989 murders of their parents, Jose and Kitty Menendez. The brothers served 34 years behind bars for the murders.

Los Angeles County District Attorney George Gascón made the announcement Thursday after weeks of speculation, admitting that his office was divided. The case has been brought back to the public’s attention thanks to Ryan Murphy’s popular Netflix series Monsters: The Story of Lyle and Erik Menendez. Kim Kardashian asked the brothers for their release in an essay on October 3.

“After a very careful review of all the arguments presented (from both sides), I came to a point where I believe it is appropriate under the law to re-sentence, and I am going to recommend that to a court tomorrow,” said Gascon. at a news conference, adding how the office has been inundated with calls lately. “I believe they have paid their debt to society.”

Lyle and Erik, then 21 and 18, admitted to killing their parents with shotguns in their Beverly Hills mansion. The brothers testified that it was in self-defense because they feared their lives were in danger. Erik and Lyle alleged that they had been sexually abused by their father for years and claimed that their mother knew about it. They were tried twice.

In 1994, a mistrial was declared due to a hung jury. In 1996, Lyle and Erik were convicted of first-degree murder and sentenced to life in prison. Many details about the alleged sexual abuse to which they were victims were not allowed during the retrial.

Gascón said his office will ask that “life without the possibility of parole be eliminated.” Given Erik and Lyle’s ages at the time of the murders, they are immediately eligible for parole. He called for their redemption and rehabilitation since they were in prison.

“We are very sure that the brothers have not only been rehabilitated,” Gascón said, but “that they have not only paid their money for the crimes they committed, but also for all the other things they did to take the lives of the brothers to improve. many others.”

The case justifies a recidivism, says a legal expert

San Diego criminal defense attorney David P. Shapiro told Yahoo Entertainment that there are “a significant number of mitigating factors” that warrant reexamining Erik and Lyle’s sentences.

“Current law in California, although not the law at the time of the original convictions, requires the court to consider the age of the suspect at the time of the crime and whether the suspects have suffered prior trauma. Here are both brothers claiming they were sexually abused by their father,” Shapiro explained, pointing to new evidence over the years.

Singer Roy Rosselló, a former member of the boy band Menudo, claimed in a 2023 Peacock documentary that he was sexually abused by Jose at the age of 14. Jose was a leading executive at RCA Records at the time.

Gascón announced on October 3 that his office was reviewing the convictions based on “new evidence.” This also included an unearthed letter from 1988, written by Erik to his cousin, in which he reported the abuse.

“I believe the brothers faced an enormous amount of dysfunction and molestation in their home,” Gascón said at Thursday’s news conference.

What’s next?

Gascón said his office will file a motion with the court on Friday to recommend that the life sentences be lifted.

“The prosecutor may ask the court to recall the brothers and sentence them to a shorter term for manslaughter, as the brothers may have been sexually assaulted and acted in self-defense,” Shapiro said. “In that case, they would certainly have a strong case for reoffending after more than 30 years in custody.”

The case will be heard by an LA Supreme Court judge, who will decide whether to formally sentence the brothers. According to Gascón, the parole board must also approve. A date for that hearing has yet to be set.

As Gascón noted, his office disagrees on the sentencing and encouraged “those who disagree with us to speak” in court.

Nearly twenty of Menendez’s family members support the release of Erik and Lyle, but there are also those who do not. A judge will likely hear from both sides before making a decision.