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    • Everything we know so far
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    Everything we know so far

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    Los Angeles District Attorney George Gascón is expected to file a recommendation Friday to indict Erik and Lyle Menendez, brothers serving life sentences for the 1989 murders of their parents, in a case that has been going on for more than three decades. has attracted the country’s attention for years.

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

    After the Public Prosecution Service has submitted the petition, it is submitted to the judge. If the judge sides with the defense and the prosecutor, a parole board will assess whether the brothers have been rehabilitated and are safe to reenter society.

    At a press conference on Thursday, Nancy Theberge, deputy in charge of Gascón’s recidivism unit, said she would like to see the recidivism petition go before a judge within the next 30 to 45 days. She added that the brothers could attend the hearing in person or via Zoom.

    The momentous decision came after the brothers’ lawyers submitted new evidence last year that they said would shed light on abuse by their father, Jose Menendez, a wealthy music manager. In recent months, the brothers’ family, as well as celebrities and human rights activists, have urged Gascón’s office to release the convicted men, citing the new evidence and the evolution in understanding 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 argued 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 seeking their parents’ fortune, which was valued at about $15 million at the time.

    The case gained new attention after a recent series of documentaries and a controversial true crime drama, all of which accelerated developments in the case.

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

    What happens next?

    The Public Prosecution Service will submit a petition to the court on Friday urging the brothers to be resentenced. No one will be physically present in a courtroom, Theberge said.

    She said the filing will include legal arguments and supporting evidence that shed light on why the district attorney’s office decided to re-sentence.

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

    If the judge agrees that the brothers should be resentenced, they will appear before a parole board, which will primarily assess “whether they have been rehabilitated and can be safely released,” Gascón said.

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

    “It is entirely possible that there will be members of this office in court standing up to their grudges – and they have the right to do so,” he said, adding: “We encourage those who disagree with us to speak in court. .”

    What led to the prosecutor’s decision?

    Gascón told reporters Thursday that he made his decision about an hour before the news conference announcing the bomb development.

    He said his decision came after a careful review of arguments on both sides, with some staff members in his office calling for their immediate release and others saying they should “remain in prison for the rest of their lives.” He said his staff disagrees on whether they believe the boys were abused.

    After evaluating the evidence, the prosecutor came to believe that the brothers “were victims of a great deal of home dysfunction and abuse,” he said, adding, “I believe that retaliation is law is appropriate.’

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

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

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

    What was the new evidence?

    The new evidence weighed by the district attorney’s office included a letter allegedly written by Erik Menendez to his cousin, Andy Cano, in which he alluded to the abuse he had suffered.

    An excerpt of the letter, which the defense said was written eight months before the killings, was included in the 2023 habeas corpus petition filed by the brothers’ lawyers.

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

    The letter later said, “I know what you said before, but I’m scared. You just don’t know Dad like I do. He’s crazy! He warned me a hundred times not to tell anyone.”

    The district attorney’s office also investigated allegations by a member of the 1980s pop band Menudo that he was abused by Jose Menendez — allegations that were made public in a documentary called “Menendez + Menudo: Boys Betrayed.”

    Family members and celebrities react to the prosecutor’s decision

    During Thursday’s press conference, some family members expressed their gratitude for the prosecutor’s decision, after years of calling for the brothers’ release.

    “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 in a social media post that they were “given a second chance at life.”

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

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

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

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

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