Los Angeles County District Attorney George Gascon filed a petition for the resentencing of Erik and Lyle Menendez. Allegations of child abuse were discounted during the original trial but due to recent evidence and California laws has opened the possibility for parole.
The Menendez brothers were convicted of the first degree murder of their parents, Kitty and Jose Menendez, in 1996. They are currently serving life sentences at Richard J. Donovan Correctional Facility near San Diego, California.
Gascon disclosed his decision in the case saying the brothers paid their debt to society.
The petition asks the court to resentence the brothers 50 years to life, reversing the original verdict of first degree murder. Per California law, they would be eligible for youth parole since they were under the age of 26 at the time of the crime and have served 30 years in prison.
The district attorney's office filed the petition therefore it will be put before a judge. If the judge agrees with the defense and district attorney, a parole board will evaluate the brothers and come to a decision if they are safe to reenter society.
Nancy Theberge, deputy in charge of Gascon’s resentencing unit, said the petition will go before a judge within 30 to 45 days. The brothers can attend the hearing in person or via zoom.
The decision to retry the brothers was filed after the brothers attorney put forward new evidence in 2023 that is said to show the abuse at the hands of their father, Jose Menendez. The brothers family and celebrities in recent months have urged Gascon’s office to release the men based off of new evidence and a all encompassing understanding of sexual abuse victims.
“I completely support the resentencing of the Menendez brothers, as highlighted by the recent release of the Netflix series and documentary, the abuse the brothers were forced to undergo should have changed the circumstances of their original sentence. While I believe that they deserved the time they have already served, I think that given their circumstances they should be released before their original sentence,” NHS junior Cali Taylor said.
The Menendez brothers were found guilty of murdering their parents Jose and Kitty in 1989. This trial was later brought back to the jury in 1996 and ended in a hung jury. Their lawyers argued the brothers acted in self defense and were sexually abused by both of their parents. Prosecutors said the abuse had not happened and they were seeking their parents $15 million fortune.
“Both Eric and Lyle acted out of pure fear for their lives. While they were not in immediate danger, they felt a need to protect themselves and their future. To them, the only way out was murder. Some may say that murder is not the best option. Without justifying the horrible actions that murder consists of, everyone makes mistakes, this was just a major one,” NHS junior Amanda Faircloth said.
This case received new attention after true crime dramas and documentaries were published, all of which led to developments in the case.
Theberg claims the resentencing unit will arrange with the defense to establish a court date so the petition can be heard.
“It's just that I'm not an attorney or judge and so I don't really feel qualified to have an opinion. I do think that if the law allows them to go through the resentencing process, I think that's really good,” NHS English teacher Jacqui Kaplan said.
The judge seeing the trial will rule and decide if the brothers will be eligible for parole. If the judge rules that the brothers should be resentenced, they will go before a parole board which evaluates whether they are rehabilitated and safe to be released, Gascón said.
Gasón says his decision came from review of both sides' argument, along with part of staff from his office arguing for the brothers immediate release and others saying they should not be resentenced.
“After all the years the brothers have spent in prison they must have changed or felt remorse. If you ask any adult they will say they are not the same person they were at 20 as they are now at 40 or 50. Resentencing or trialing might be the best option to fully review the case and let the public create an opinion that is relevant to the brothers new perspective,” Faircloth said.
Following evaluating evidence, the district attorney came to the conclusion the brothers were “subjected to a large amount of dysfunction in the home and molestation," he said, adding, "I believe, under the law, resentencing is appropriate."
The brothers behavior in prison was a part of the district attorney's decision from the petition. Allegedly the brother tried to better themselves along with fellow inmates.
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