Menendez brothers resentencing timeline: How soon could they be released?

Los Angeles County District Attorney George Gascón has filed a petition to resentence Erik and Lyle Menendez, opening the possibility of parole for the brothers serving life sentences for the murder of their parents.

Gascón unveiled his long awaited decision in the infamous case on Thursday, saying the brothers have “paid their debt to society.”

The petition asks the court to resentence the men to 50 years to life on two counts of first-degree murder, according to a copy obtained by USA TODAY. Under California law, they would be eligible for youth parole since they were under the age of 26 at the time of the crime and have already served 30 years in prison

Now that the district attorney’s office has filed the petition, it will go before a judge. If the judge sides with the defense and district attorney, a parole board will evaluate whether the brothers have been rehabilitated and are safe to reenter society.

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

The momentous decision came after the brothers’ attorneys filed new evidence last year they said shed light on abuse suffered at the hands of their father, Jose Menendez, a wealthy music executive. In recent months, the brothers’ family, as well as celebrities and human rights advocates, urged Gascón’s office to release the convicted men, citing the new evidence and the evolution in the understanding of sexual abuse victims.

What happens next?

Theberge said Thursday the resentencing unit will coordinate with the defense to set up a court date so the petition requesting resentencing can be heard

The judge overseeing the hearing will then rule on the petition and decide whether the brothers will be eligible for parole. If the judge agrees the brothers should be resentenced, they will go before a parole board, which will primarily evaluate “whether they are rehabilitated and safe to be released,” Gascón said.

The district attorney said while he and some members of his office believed the brothers deserve to be resentenced, there may be other members of his office who will present arguments on why they should remain in prison for life.

“It’s very possible that there will be members of this office that will be present in court opposing their resentencing – and they have a right to do so,” he said, adding, “We encourage those that disagree with us to speak in the court.“

After evaluating the evidence, the district attorney came to the belief that the brothers “were subjected to a large amount of dysfunction in the home and molestation,” he said, adding, “I believe, under the law, resentencing is appropriate.”

Another factor in his decision was the brothers’ behavior in prison. He said not only have they sought self improvement but they have tried to better 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 “as to the conditions they live under in prison.”

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

The new timeline is not clear yet. First will come a ruling of the judge to forward the case to a parole court. Then the parole court will change the sentence – following the decision of the DA – in a new court hearing to 50 years of prison to life but without special conditions so that the brothers after spending more than 30 years in prison could be free immediately.

This crucial new hearting – probably with the two brothers in attendance for the first time in many years – will take place in 30 to 45 days, which would be around Thanksgiving. A probable already mentioned date would be November 27, the Friday after Thanksgiving,.

And it is more than realistic that the two brothers will leave the court room as free citizens.

It will be the biggest media spectacle in years.