After new evidence came forth, Los Angeles District Attorney George Gascón filed a petition for a resentencing of Lyle and Erik Menendez for the murder of their parents, bringing a potential opportunity for parole. The decision came forth on Oct. 24 of this year, the same month both a new docudrama and documentary about the case came out on Netflix, drawing even more attention towards the brothers. The petition asks the court to resentence the brothers to 50 years to life on two counts of first-degree murder. This would then make them eligible for youth parole under California law, as they were 26 years old at the time of the crime and have served 30 years in prison already. He announced his decision at the Hall of Justice in Los Angeles, stating, “I believe that they have paid their debt to society.”
The brothers were convicted of brutally murdering their parents, José and Kitty Menendez, in 1989, in their home. They were charged with first-degree murder in 1996 and were sentenced to life in prison without the possibility of parole. The brothers stated the act was in self-defense, as they had allegedly been sexually abused by their father for the majority of their lives, and expressed that they were genuinely scared that their parents were going to kill them.
What happens next?
The next step is the petition going before a judge, who will decide if the brothers are eligible for parole. If the judge agrees with the defense and district attorney, it will then go through the Governor of California, Gavin Newsom, as well as a parole board, who will evaluate the brothers and see to their rehabilitation progress. This process could take up to a year. Nancy Theberge told USA Today that she would like to see the petition go before a judge within the next 30 to 45 days.
In addition to the district attorney’s decision, the brothers’ attorney, Mark Geragos, says he may try to get the brothers’ conviction for murder reduced to manslaughter. Under this conviction, the brothers could possibly be released immediately, as they’ve already served the maximum amount of time.Â
Gascón recognizes this may spark controversy in the courtroom. In an interview with ABC News, he stated, “We’re not letting them off. First of all, I’ve been very clear: These were brutal murders, they were premeditated, and that’s why they got life without the possibility of parole.” When it was mentioned that the district attorney recommended that the brothers be released immediately, Gascón replied, “I am recommending that they be released because I believe people are not the same people they are 35 years later.” He also stated that the brothers would likely not have been convicted had the trial taken place today.
The new evidence
The new evidence brought forth in the case includes a letter written by Erik Menendez, to his cousin, Andy Cano, expressing the abuse he was enduring. The defense said the letter was written eight months before the murders. An excerpt from the letter stated, “I’ve been trying to avoid dad. It’s still happening but it’s worse for me now. I never know when it’s going to happen and it’s driving me crazy. Every night I stay up thinking he might come in.”Â
The district attorney’s office also looked into further allegations against JosĂ© Menendez from a member of the 1980s boy band Menudo, claiming that he had been abused by him as well.Â
The impact of the decision
This recent decision is bringing a lot of attention to the case, and many are speaking out on the brothers’ behalf. A niece of the brothers, Anamaria Baralt, spoke out on the new update in the case during a news conference. “We stand united in our hope and gratitude. Together we can make sure that Erik and Lyle can receive the justice they deserve and finally come home,” she stated.Â
Niece of Kitty Menendez, Karen VanderMolen, spoke out on behalf of the brothers as well. She told reporters, “This decision is not just a legal matter, it is a recognition of the abuse my cousins endured. It is time for Lyle and Erik to come home.”
Hollywood has been paying a lot of attention to the Menendez brothers’ case as well, as it has blown up yet again in the media. Ranging from documentaries to TikTok, everyone is discussing this case years later. Socialite and businesswoman Kim Kardashian has even spoken out on the brothers’ behalf, defending them and the new possibility of them being released. She posted on her Instagram, as well as publishing her own personal essay. She wrote, “We owe it to those little boys who lost their childhoods, who never had a chance to be heard, helped, or saved.”
This new possibility for parole could lead to freedom for Lyle and Erik Menendez, something they haven’t experienced for 30 years now. The brothers have been committed to improving wellness and aid for others in prison and have devoted their lives to helping other survivors.Â