The case of Lyle and Eric Menendez: What's next for brothers convicted of killing their parents

CNN
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More than three decades after Lyle and Eric Menendez were convicted of killing their parents and sentenced to life in prison without the possibility of parole, the brothers now see a path to potential release.

Los Angeles District Attorney George Gascón on Friday will recommend to a judge that the siblings be resentenced — a decision that was the culmination of a review that came after defense attorneys said in 2023 they had new evidence suggesting abuse by their father.

“I will never excuse murder. These were brutal, premeditated murders,” Gascón told CNN on Thursday. They were judged appropriately at the time they were tried. They received life without the possibility of parole. I believe that in light of the current state of the law and our assessment of their behavior in prison, they deserve the opportunity to be re-evaluated and perhaps reintegrated into society.

A hearing on the matter could be held within 30 to 45 days, when a Los Angeles Superior Court judge will finally decide whether to re-sentence the brothers. Gascon He said he supports re-sentencing the brothers to life in prison with the possibility of parole — which typically means 50 years or life in prison. But because the crimes occurred when the brothers were under 26, they would be eligible for youth parole under California law.

Gascón called the brothers “model inmates” and told CNN he believes there is a good chance they will be released on parole if the decision reaches the parole board. An attorney for one of the brothers said he hopes they will be home by Thanksgiving.

The reconsideration of the case comes more than 35 years after the fatal 1989 shooting of Jose and Kitty Menendez in their Beverly Hills mansion. Their sons, who were 21 and 18 at the time, were arrested less than a year later, in 1990, and convicted of first-degree murder in 1996.

In the two high-profile trials, the brothers did not deny killing their parents, but said they should not be convicted because they acted in self-defense after being physically and sexually abused throughout their lives by their father. The first trial — one of the first to be televised — ended in a mistrial after jurors deadlocked on the charges. At their second trial, much of the defense's evidence of sexual assault was excluded, and the brothers were convicted in 1996 and sentenced to life in prison.

Multiple factors ultimately led to a re-sentencing being recommended, but whether the brothers – now in their 50s – could be released from prison remains uncertain. Here's what led to the decision and what could happen next:

Although Gascón believes Lyle and Eric Menendez were sentenced appropriately during their trial more than three decades ago, they deserve a chance to reevaluate, he told CNN's Stephanie Elam on Thursday. Gascón said he believes the brothers were sexually assaulted before the killings and have served enough time behind bars.

He told CNN that Gascón's decision was made just an hour before his announcement on Thursday, because there were widely differing opinions on the issue within his office. Multiple factors went into the decision to recommend re-sentencing, including that several family members “made it very clear that not only was there possibly sexual harassment, but they say this home is very dysfunctional, very abusive, and that was the case for us.” “Many years,” Gascón said.

“I think they've had enough time,” he said.

Gascón's reconsideration of the case came after lawyers for the Menendez brothers filed a petition to stand trial in 2023, citing what they say is new evidence, as well as a recent lawsuit. California law Regarding re-sentencing, the court can take into account rulings in similar cases.

Among the new evidence that the 2023 petition asked the court to consider: a sworn statement from former Menudo band member Ruy Rosselló, who alleged that Jose Menendez sexually assaulted him in the 1980s. The attorneys also said a letter Eric Menendez wrote to his cousin months before the killing referred to the abuse he suffered.

Gascón, who is campaigning for re-election next month on a platform that includes sentencing reform, told CNN that times have changed in how the public and courts treat victims of sexual assault.

The prosecutor's office also looked into the brothers' behavior while in custody, and they “demonstrated a tremendous amount of effort at rehabilitation,” Gascón said.

They were model prisoners by all accounts. Not only did they work to improve themselves, they did a lot of work to improve the lives of those around them, which… “This part is unusual,” Gascón told CNN, noting that the men have created groups to address how to deal with untreated trauma and help prisoners with physical disabilities.

Citing their behavior over the past three decades in prison, Gascón said he believes there is a strong possibility the brothers will be released on parole.

“What they did was terrible. They intentionally killed their parents and killed them. But I think they are different people today, and we base our opinion on their behavior over 35 years,” Gascón said.

However, the decision on whether the brothers should be released on parole will ultimately fall to the parole board if the court agrees with the district attorney's office to reinstate the sentence, according to the district attorney.

When asked about mounting criticism from opponents who suggested reconsidering the Menendez brothers' sentence was a political move, Gascón said: “There's nothing political about this,” adding that more than 300 sentences have been handed down in the province since he took office in December 2020. 28 of them were charged with murder.

Thursday's decision brought a ray of hope to the brothers' lawyers and their family, who said they expect the men will soon be able to reunite with their loved ones and live a life outside of prison.

“I think before Thanksgiving, they'll be back home,” Mark Geragos, one of the brothers' attorneys, said Thursday.

Another attorney, Cliff Gardner, told CNN: “We are grateful that the District Attorney recognized not only the extraordinary contributions Eric and Lyle made while in prison, but the role that sexual assault played in their actions as well.”

Nancy Theberg, the deputy in charge of Gascón's retrial unit, said the motion for re-adjudication will be filed Friday with accompanying documents supporting Gascón's recommendation.

She added that her unit will then coordinate with defense and court staff to determine the dates for the next procedures. Once the hearing is scheduled, the defense can decide whether to physically bring the brothers into the courtroom or appear via video or conference. All arguments and evidence will be accepted at that time. Thejberg said the judge will issue a ruling based on what was presented.

“We are just starting the process,” she said.

Aside from the re-sentencing recommendation, a habeas corpus petition filed last year is scheduled to be heard in November. The defense is asking the court to either vacate the brothers' conviction and sentence, or allow discovery and an evidentiary hearing during which they can present evidence, the motion said.

But if the defense team grants the prosecutor's re-sentencing request, they may withdraw that motion — which would also become moot if the court agrees to re-sentencing, Gascón told CNN on Thursday.

“I disagree with the habeas corpus arguments. I think the conviction was appropriate given what happened,” Gascón told CNN. “But I think re-sentencing is an appropriate way to provide them with some relief.”

The brothers' story gained new attention after the September release of the Netflix series “Monsters: The Lyle and Erik Menendez Story,” co-written by Ryan Murphy and Ian Brennan. Netflix also released a documentary on the Menendez case this month that shows the two men discussing what led up to the killings.

Neri Yenklan, executive producer of the documentary series “Menendez + Menudo: The Boys Betrayed,” said it was “a miraculous day for the Menendez brothers.”

They exhausted their appeals many years ago. There was no chance for them to even hope for freedom, and only new compelling evidence could be presented to give them a chance.

Celebrity and criminal justice reform advocate Kim Kardashian, who has been vocal about her support for the brothers, thanked Gascón for “correcting a huge wrong.”

“Your commitment to truth and fairness is commendable,” she wrote in a statement posted on Instagram Stories. “This case highlights the importance of challenging decisions and seeking the truth, even when guilt is not in doubt.”

Anamaria Baralt, Jose Menendez's niece, called Gascón's decision “courageous and necessary.”

“Today is a hopeful day for our family,” she said Thursday. “Together we can make sure Eric and Lyle get the justice they deserve and finally go home.”