LOS ANGELES — Erik and Lyle Menendez still face considerable obstacles before their prison doors can open, even though the Los Angeles County district attorney has put forth a recommendation to overturn their life-without-parole sentences. The district attorney, George Gascón, has proposed that the brothers, sentenced in connection to their parents’ 1989 murders, be resentenced and made eligible for parole immediately.
The Menendez brothers, who were convicted of murdering their parents in their Beverly Hills home, will require a judge’s approval of Gascón’s recommendation, followed by a review from a parole board that must ultimately approve their release. Additionally, California Governor Gavin Newsom has the final say, with the power to reject the board’s decision. This process is expected to unfold over several months, filled with uncertainties.
Back in the late ’80s, Erik was 18 and Lyle was 21 when they shot their father, Jose Menendez, and mother, Kitty Menendez. The brothers argue their actions were rooted in a long history of abuse, claiming they feared for their lives as they alleged Jose was sexually abusing Erik. Initial prosecutors dismissed their claims of abuse, and the brothers’ first trial ended in a mistrial. During the second trial, evidence of the alleged abuse was excluded, leading to a conviction. At the time, the prosecution argued that their motive was financial gain from their parents’ substantial estate.
Today, with evolving societal understanding of trauma related to sexual abuse, both the district attorney and family members believe that circumstances have changed profoundly regarding how such cases are viewed.
However, Gascón is not without his critics. Some have accused him of political maneuvering as he approaches reelection, especially following the release of a Netflix documentary that reignited public interest in the case. Michele Hanisee, head of the Association of Los Angeles Deputy District Attorneys, has publicly condemned Gascón’s recommendation, labeling it as a bid to gain publicity rather than a serious legal reform.
Despite criticism, Gascón insists that his decision was made in a careful consideration devoid of political influences. He emphasized that since their 1996 sentencing, the Menendez brothers have demonstrated good behavior and are committed to their rehabilitation.
On Thursday, Gascón’s office submitted documents suggesting that Lyle and Erik Menendez, now aged 54 and 56, be sentenced to 50 years to life. Given that they were under 26 at the time of their offenses, this would make them immediately eligible for parole. “I believe that they have paid their debt to society,” Gascón affirmed in a news conference.
The next steps involve a potential hearing in the coming month. If the presiding judge concurs with resentencing, a state parole board will then convene to assess the brothers’ suitability for release. If they recommend parole, Governor Newsom would have up to 150 days to either approve or deny it. Legal experts have cautioned that the judge may be hesitant to simply approve the resentencing, especially in light of existing divisions within the district attorney’s office about the matter.
Mark Geragos, representing the brothers, expressed optimism that a release could be possible by Thanksgiving, though this timeline is likely considered ambitious by some experts.
Meanwhile, many relatives of the Menendez brothers have joined voices to advocate for their release, arguing that contemporary understandings of trauma would have led a different outcome today. Anamaria Baralt, a niece of Jose Menendez, hailed the DA’s recent move as “brave and necessary,” indicating it offers a chance for healing.
However, not all family members are in favor of the changes. Legal representatives for Milton Andersen, Kitty Menendez’s brother, have filed papers opposing resentencing, asserting that the evidence against the brothers was compelling.
In this politically charged atmosphere, Gascón faces a challenging reelection campaign, contending against former federal prosecutor Nathan Hochman, who has criticized Gascón’s progressive approach towards crime. Hochman described the timing of Gascón’s announcement as suspicious, accusing him of political strategy.
This case has also seen renewed scrutiny due to recent media portrayals, particularly a docuseries highlighting broader allegations of abuse surrounding Jose Menendez. Such revelations continue to impact the narrative surrounding the case and shape the public’s perception.