Los Angeles County District Attorney George Gascón announced on Thursday his intention to pursue resentencing for Lyle and Erik Menendez, who were convicted of killing their parents. This move could potentially lead to their release after decades in prison. Gascón stated that he would submit the necessary paperwork on Friday, recommending the removal of life without parole from their sentences. However, the final decision rests with a Superior Court judge.
Eligible for immediate parole
Although the paperwork is expected to be filed soon, no court hearings or specific timeline have been set. Gascón explained that because the brothers were under 26 at the time of the murders, they could be eligible for immediate parole if the judge follows his recommendation. However, this suggestion has sparked debate within his office. He acknowledged that some staff members believe the Menendez brothers should remain incarcerated for life and do not accept the claims of abuse, while others advocate for their immediate release, believing the abuse allegations are credible. Gascón personally believes the brothers have “paid their debt to society.”
Who are Menendez brothers?
Lyle and Erik Menendez were convicted of the 1989 murders of their parents, José and Kitty Menendez, in their Beverly Hills home. At the time, Lyle was 21, and Erik was 18. The defense argued that they had been sexually abused by their father, but after two trials, they were sentenced to life without parole. Gascón’s office began reconsidering the case three weeks ago, following new evidence, including a letter from one of the brothers alleging sexual abuse and claims from a former member of the pop group Menudo, Roy Rosselló, that he had been sexually assaulted by José Menendez.
At a news conference, José Menendez’s niece, Anamaria Baralt, praised Gascón’s decision, stating the family is hopeful that the brothers will finally receive the justice they deserve. She expressed the family’s belief that Lyle and Erik should return home after their lengthy imprisonment.
Allegations of abuse by Menendez brothers
The brothers initially raised the abuse allegations during their first trial, which ended in a mistrial. In their second trial, however, the abuse claims were significantly restricted, and they were convicted in 1996. Lyle Menendez is now 56, and Erik Menendez is 53. Both have filed petitions seeking resentencing and habeas relief, which argue that the trial outcome could have been different if certain evidence had been presented.
California law allows prosecutors to evaluate an individual’s rehabilitation and request resentencing. Gascón’s office has been reviewing numerous cases since the establishment of a Resentencing Unit in 2021, which aims to address over-incarceration. So far, this initiative has resulted in hundreds of resentencings.
Murders motivated by greed
However, not all family members agree with this course of action. Milton Andersen, Kitty Menendez’s brother, remains opposed to the brothers’ early release. His attorney, Kathy Cady, expressed in a letter to Gascón that the murders were motivated by greed, and any concession to the Menendez brothers’ claims is unacceptable.
Last week, around 20 members of the Menendez family held a rally outside the Los Angeles courthouse in support of the brothers’ release, arguing that justice has already been served after 35 years of imprisonment. Family members believe that the brothers were victims of a society and judicial system that lacked compassion for boys who suffered abuse. José Menendez’s niece, Baralt, emphasized that the brothers’ continued imprisonment serves no purpose and that they deserve a second chance.
Kitty Menendez’s sister, Joan Andersen VanderMolen, reflected on her struggle to reconcile with the tragedy but recognized the abuse the brothers endured. She described their actions as a desperate attempt to survive their father’s cruelty, and she believes they have since grown and changed, deserving the opportunity to live the rest of their lives free from their traumatic past.
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