LOS ANGELES (KABC) — Los Angeles County prosecutors are recommending that Erik and Lyle Menendez be resentenced for the 1989 killings of their parents in the family’s Beverly Hills home, providing the brothers with a chance at freedom after 34 years behind bars.
District Attorney George Gascón announced his decision at a Thursday afternoon news conference.
“We are going to recommend to the court (on Friday) that the life without the possibility of parole be removed and they would be sentenced for murder,” Gascón said.
That would normally mean a sentence of 50 years to life, he said. But because of their age — they both were under 26 at the time of the crimes — they would be eligible for parole immediately.
“I believe that they have paid their debt to society,” he said. “The final decision will be made by the judge.”
October 2024 images of Erik (left) and Lyle Menendez from the California Department of Corrections and Rehabilitation.California Department of Corrections and Rehabilitation
Gascón said part of his decision was based on a review of how the brothers have behaved in prison. Even faced with the likelihood of life in prison, they avoided misbehavior or joining gangs and instead worked to help fellow inmates improve their lives, he said. For example, they worked to create groups to help inmates deal with untreated trauma, and other groups to help inmates with physical disabilities. Lyle also helped advocate for better living conditions for inmates, he said.
The brothers themselves and other family members were not notified of his decision in advance, so likely would have found out the news by watching his televised press conference. He said he finalized the decision only about an hour before the news conference started.
Gascón is currently locked in a battle for re-election against former federal prosecutor Nathan Hochman, who released a written statement questioning the timing of the decision so close to the election:
“D.A. George Gascon received the Menendez habeas corpus petition in May 2023 and request for resentencing in February 2024. Yet, he has waited until days before the November 5 election, 30 points down in the polls with articles coming about how his failed policies have led to additional murders of innocent people, to release his recommendation for resentencing. By releasing it now, Gascon has cast a cloud over the fairness and impartiality of his decision, allowing Angelenos to question whether the decision was correct and just or just another desperate political move by a D.A. running a losing campaign scrambling to grab headlines through a made-for-TV decision. Angelenos and everyone involved deserve better.”
During his news conference, Gascón declined to take reporter questions specifically about how the decision relates to his campaign.
But asked what would happen if he loses the election and his successor has a different view of the case, Gascón said it shouldn’t make a difference because once his office files their position, the matter is in the court’s hands. The DA’s office expects to file in court Friday and hopes to get on the court docket in the next 30-45 days. The election is Nov. 5.
Los Angeles County District Attorney George Gascón announces he will support resentencing of the Menendez brothers in their murder case.
Attorney Mark Geragos, who represents members of the Menendez family supporting the brothers’ release, said a detailed plan has been formulated – and shared with the District Attorney’s office – for their re-entry into society if they are released. He didn’t provide details of the plan for security reasons, but noted both brothers are married to wives who make a living. Both brothers are also enrolled in college programs – Lyle in a master’s program and Erik for an undergrad degree.
He remains optimistic they could be home by Thanksgiving.
The family is united behind one idea, Geragos said: “Which is bring ’em home. Bring ’em home. Enough is enough.”
The Beverly Hills Police Department, which investigated the 1989 murder, issued a statement which did not praise nor criticize the DA’s position, but noted their agency was not involved in the decision.
“Today’s decision to recommend resentencing was made entirely by the Los Angeles County District Attorney. BHPD was not consulted or contacted by the District Attorney’s Office regarding this decision. As the investigating agency for the case, the BHPD presented relevant facts and evidence to the Los Angeles County District Attorney’s Office, which resulted in the filing of criminal charges at that time.”
The decades-old case began on Aug. 20, 1989, when Lyle and Erik Menendez fatally shot their parents, Jose and Kitty Menendez, in the family’s Beverly Hills home. Lyle Menendez, then 21, and Erik Menendez, then 18, used shotguns they bought days earlier.
Prosecutors alleged the brothers killed their wealthy parents for financial gain.
The defense argued the brothers acted in self-defense after enduring years of sexual abuse by their father.
