LOS ANGELES (AP) — The resentencing hearing for Erik and Lyle Menendez has been scheduled for December 11. A judge will determine if the two brothers can have a chance at freedom after spending over 34 years in prison for the shotgun murders of their parents in their Beverly Hills home back in 1989.
Los Angeles County Superior Court Judge Michael Jesic set the date during a session on Wednesday, following a recommendation from prosecutors regarding the brothers’ resentencing last week. After initial mistrials with hung juries, both brothers were convicted of the murders of their parents, Kitty and Jose Menendez, leading to life imprisonment without the possibility of parole.
While the brothers’ attorneys acknowledged that Erik and Lyle killed their parents, they contended that their actions were a result of self-defense, stemming from years of emotional and sexual trauma inflicted by their father. Notably, much of the evidence related to this abuse was barred from being presented during their second trial.
Los Angeles County District Attorney George Gascón announced that he intends to recommend a sentence of 50 years to life for the brothers. This sentence would allow them to be eligible for parole, given that they were both under 26 at the time of the offense.
Should the judge approve this new sentence, the Menendez brothers would still have to go before a state parole board for potential release. Following that, California Governor Gavin Newsom would have 150 days to review the parole board’s decision.
Gascón highlighted that his recommendation considers multiple factors, particularly focusing on the brothers’ rehabilitation during their time in prison. The district attorney’s office referenced the educational accomplishments of the Menendez brothers, both of whom have earned multiple degrees, and noted their contributions to a prison beautification program initiated by Lyle Menendez.
There is a familial push for the Menendez brothers’ release, with several relatives advocating for their freedom, citing the extensive “brutalization” and sexual abuse that the brothers allegedly suffered at the hands of their father.
However, Gascón’s decision is not without dissent. Some members of his office, along with one of the brothers’ uncles, oppose the idea of resentencing, and they will likely have the chance to present their arguments to the judge.
Additionally, the Menendez brothers are scheduled for a hearing on November 25 concerning a habeas petition submitted last year. This petition seeks to present new evidence that was not included in their second trial, potentially offering another avenue for their release.
Earlier this week, the brothers also requested clemency from Governor Newsom, who expressed support for the application and noted that his office had sent letters backing their request. Gascón affirmed in a statement, “They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates.”
Recently, Governor Newsom addressed the Menendez case on iHeartRadio’s “Politickin’” podcast, expressing that he is actively reviewing the situation. He remarked that the Netflix series “ Monsters: Lyle and Erik Menendez Story ” has renewed interest in the case, even prompting inquiries from his children. His team is currently assessing Gascón’s recommendation.
