LOS ANGELES — A resentencing hearing for brothers Erik and Lyle Menendez is scheduled for December 11, where a judge will evaluate their possibility of release after spending 34 years in prison for the 1989 shotgun murders of their parents, Kitty and Jose Menendez, in their Beverly Hills home.
The date was set by Los Angeles County Superior Court Judge Michael Jesic, following a recommendation for resentencing from prosecutors last week. After an initial trial ended in a hung jury, the brothers were ultimately found guilty and sentenced to life imprisonment without the possibility of parole.
While the defense conceded that the brothers were responsible for their parents’ deaths, they maintained that the actions were committed in self-defense due to prolonged emotional and sexual abuse inflicted by their father. Notably, much of the evidence related to this abuse was not allowed in their second trial.
Los Angeles County District Attorney George Gascón indicated that his office would advocate for a sentence of 50 years to life, which would allow for immediate parole eligibility, given that the brothers were under 26 years old at the time of the crimes.
If the judge endorses the new sentencing, the brothers would still require approval from a state parole board for their release. Following this, California Governor Gavin Newsom would have a period of 150 days to assess the board’s decision.
Gascón cited several factors in his recommendation, particularly the rehabilitation efforts of the Menendez brothers while incarcerated. Prosecutors highlighted their academic accomplishments and positive contributions, including a prison beautification initiative initiated by Lyle Menendez.
Family members across multiple generations have advocated for their release, arguing that the brothers have been victims of severe abuse and deserve to be freed.
On the other hand, there is dissent within Gascón’s office regarding this recommendation. Some family members, including one uncle of the brothers, are opposed to their release, and those against resentencing may have the opportunity to present their arguments before the judge.
Additionally, the brothers are set for a hearing on November 25 pertaining to a habeas petition filed last year, aiming to introduce new evidence that was not brought forth during their second trial. This petition may offer another possible route toward their freedom.
Recently, Governor Newsom mentioned the case during an appearance on the iHeartRadio podcast “Politickin’”, stating that he is currently reviewing the situation. He acknowledged the impact of the Netflix dramatization titled “Monsters: Lyle and Erik Menendez Story,” which has brought renewed attention to their case, and confirmed that his team is assessing Gascón’s recommendation.