Los Angeles District Attorney George Gascón will seek a reduced sentence for Lyle and Erik Menendez, the brothers who murdered their parents Jose and Kitty in 1989.

Gascón’s office will ask a Los Angeles judge to reduce their sentences from life without the possibility of parole to 50 years to life. If approved, the Menendez brothers would be immediately eligible for parole.

At a news conference, Gascón said he came to his decision after “careful evaluation.”

“I came to a place where I believe that punishment under the law is appropriate,” he said, noting that they had taken steps to rehabilitate themselves in prison. “They have been in prison for almost 35 years. I believe they have paid their debt to society.”

A judge must still sign off on the prosecutor’s request, although the prosecutor’s position will carry significant weight. If the lesser sentence is approved, the Menendez brothers will have to go before the State Board of Parole Hearings to determine if they are suitable for release.

Gascón said there was a dispute within his office over whether to retaliate, and that prosecutors from his office might want to rule against that at a hearing. A status conference on the request must be scheduled within 30 days.

“It can happen quickly if the judge is willing to put the case on the docket,” said Bess Stiffelman, an attorney who handles post-conviction cases in LA. “If the prosecutor makes the recommendation, there is a good chance that the judge will accept it.”

The judge should also give Menendez’s family members a chance to be heard. Numerous family members have said they support the brothers’ release, but Kitty’s brother, Milton Andersen, opposes release.

Andersen’s attorney, Kathleen Cady, has criticized Gascón for not keeping Andersen informed of the developments.

“Mr. Andersen believes that justice was served when the jury found Erik and Lyle Menendez guilty of multiple counts of murder for financial gain and the judge sentenced them to life in prison without the possibility of parole,” Cady wrote in the brief to the court on Tuesday.

The judge could deny the request if he finds that the brothers pose a risk of harm to the community, but that is a high threshold.

The Menendez brothers have been behind bars for more than 34 years. Because they were 18 and 21 at the time of the murders, the brothers are considered “juvenile offenders” and will be immediately eligible for parole if sentenced to 50 years to life.

Gascón, who has strong chances for re-election on November 5, has publicly reflected on the matter in recent weeks. At an earlier news conference and in several national TV interviews, he said the brothers behaved well in prison. He also said he took seriously the allegation that the brothers were sexually abused by their father.

“Given the totality of the circumstances, I don’t think they deserve to be in jail until they die,” he told ABC News.

The Association of Assistant District Attorneys, which represents prosecutors, accused Gascón on Wednesday of his “obsession” with the Menendez case, saying he was “driven by his desire for television appearances.”

“Throughout his disastrous tenure as prosecutor, Gascón has consistently prioritized celebrity cases over the rights of crime victims, showing more interest in being in the spotlight than in upholding justice,” said Michele Hanisee, chairman of the association.

If Gascón is defeated on November 5, he would remain in office until his successor, Nathan Hochman, is sworn in on December 2. If the request is still pending at that time, Hochman can withdraw the request – although the judge would not have done so. to enable him to do so.

The announcement was made after years of legal wrangling and attempts by the brothers to present new evidence in the case.

The Netflix series “Monsters: The Lyle and Erik Menendez Story” – co-created by Ryan Murphy and Ian Brennan – was released on September 19 and immediately became a viral sensation, bringing renewed attention to the case. Netflix’s companion documentary, “The Menendez Brothers,” which features interviews with Lyle and Erik, immediately hit No. 1 on the Netflix Top 10 upon its release on October 7.

At an October 16 news conference convened by members of the Menendez family and the brothers’ lawyers, they called on Gascón to consider new evidence, including a letter Erik wrote to a cousin about abuse by his father.

The defense, led by attorney Mark Geragos, also argued that the testimony of Roy Rossello, member of the boy band Menudo — who accused Jose Menendez of sexually assaulting him when he was 13 or 14 — would have changed the outcome of the trial changed. Last year, Rossello’s claims were spotlighted in a Peacock docuseries “Menendez + Menudo: Boys Betrayed.” The Menendez brothers were also interviewed from prison for that docuseries.

The Menendez brothers were tried twice. The first trial began in July 1993 – with two separate juries – and became must-see TV on Court TV. In January 1994, both juries said they were deadlocked and a mistrial was declared. In the second trial, cameras were excluded. The brothers were convicted of first-degree murder by one jury in March 1996, and sentenced to life in prison without parole in July.

Although Geragos has criticized “Monsters: The Lyle and Erik Menendez Story,” calling it a “caricature,” he acknowledged that the backlash against the show has helped bring attention to the case. High-profile advocates such as Kim Kardashian also demanded the release of the Menendez brothers.