The Menendez brothers, convicted in 1996 for the brutal murder of their parents, are one step closer to the possibility of release after spending more than 30 years behind bars. In a significant legal move, Los Angeles District Attorney George Gascón officially filed documents on Thursday requesting that the brothers be resentenced, transitioning their punishment from life without parole to life with the possibility of parole. The decision has generated a wave of controversy, as some see it as a step toward justice, while others criticize the timing and political motivations behind it.
Gascón's request, made just weeks before a critical re-election bid, could allow Erik and Lyle Menendez to be released from prison, given their time already served. Both brothers were convicted for the 1989 shotgun murders of their parents, José and Kitty Menendez, in their Beverly Hills mansion. At the time, the defense argued the killings were motivated by years of alleged sexual abuse by their father, a claim the prosecution countered, asserting the murders were driven by greed and a desire for the family fortune.
In the court filing, Gascón cited the brothers' exemplary behavior while incarcerated and the reduced likelihood of them posing a public safety threat. "They have paid their debt to society," the district attorney said. He also referenced the brothers' involvement in various prison programs, including Erik's leadership in an organization providing support for disabled and elderly inmates. Lyle has also maintained a clean record, with only five disciplinary reports in over three decades.
While some family members of the Menendez brothers have supported their potential release, not all victims' relatives are in agreement. José Menendez's brother, for instance, remains firmly opposed to the idea. Gascón acknowledged this opposition but emphasized the changing perspectives within the family and the reduced threat the brothers pose, noting that both men are now over 50 years old.
However, critics, particularly political opponents, have seized on the timing of Gascón's decision. Some argue that the move is a politically motivated attempt to bolster his re-election campaign amidst growing dissatisfaction with his progressive criminal justice policies. Legal expert David Gelman was particularly outspoken, calling the decision a "Hail Mary" by a DA struggling in the polls. "This is a terrible day for the criminal justice system," Gelman said, adding that the Menendez brothers could walk free due to Gascón's push to grant them parole eligibility.
The move has sparked renewed debate over whether the Menendez brothers should be granted the possibility of parole. Their case has long been a fixture in the media, and it resurfaced in public consciousness with the release of the Netflix docuseries Monsters: The Lyle and Erik Menendez Story. The renewed attention has also drawn support from celebrities like Kim Kardashian and Rosie O'Donnell, adding fuel to the debate over their release.
Nathan Hochman, a former federal prosecutor and Gascón's opponent in the upcoming election, has been vocal in his criticism. He accused Gascón of using the Menendez case to garner attention in the final days before the election. "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," Hochman said.
The possibility of the brothers' release stems not only from Gascón's request but also from new evidence that has come to light. Allegations of sexual abuse by their father, José Menendez, have been bolstered by claims from Roy Rossello, a former member of the boy band Menudo, who accused José of molestation in the 1980s. Additionally, a 2015 letter written by Erik Menendez to a cousin, in which he alluded to the alleged abuse, has added further credibility to their defense.
Despite Gascón's recommendation, the final decision rests with the court. A hearing is scheduled for the end of November, where a judge will consider whether to alter the brothers' sentences. Even if resentencing is approved, the brothers would still need to go through a parole board review before being granted release.
In the face of mounting political pressure, Gascón continues to defend his decision, asserting that the brothers' behavior in prison, their age, and the new evidence warrant consideration of a lesser sentence. "The question is not whether they committed the crime, but to what degree they should be held accountable given the circumstances," Gascón said.
