Los Angeles, CA – Los Angeles County District Attorney George Gascón on Thursday announced that he will recommend the resentencing of Erik Menendez, 53, and Lyle Menendez, 56, after being in custody for approximately 35 years for the murders of their father and mother, Jose and Kitty Menendez in August 1989.
The matter will now go before a Los Angeles Superior Court judge who will make the decision to formally resentence both men, at which time it will be decided if they will be released from prison.
The DA may may request an individual’s sentence be reduced, but decisions to reduce sentences are ultimately made by judges.
“Today, as we move forward with the resentencing of Erik and Lyle Menendez who have spent 35 years behind bars after being convicted in 1996 for the killing of their parents, Jose and Kitty Menendez, we must acknowledge the deep pain and suffering experienced by the victims’ families. For decades, they have navigated the grief of their unimaginable loss. We also acknowledge Erik and Lyle’s continuous rehabilitative efforts during their incarceration,” District Attorney Gascón said.
“Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence. We recognize that it is a widespread issue impacting individuals of all gender identities, and we remain steadfast in our commitment to support all victims as they navigate the long-lasting effects of such trauma,” Gascón added.
Gascón said the decision comes after the DA’s Resentencing Unit conducted a meticulous review and confirmation of evidence presented by the defense attorneys, including reviewing materials, drafting court filings, meeting with family members of the Menendez’s, and evaluating the men’s rehabilitation and behavior while incarcerated.
In 1996, after two trials in 1993 and 1995, the Menendez brothers were convicted by a jury of first-degree murder and sentenced to life in prison without the possibility of parole in the murders of Jose and Kitty Menendez. They’ve both served approximately 35 years in custody and are currently at the Richard J. Donovan Correctional Facility.
In 1993, Erik and Lyle Menendez were tried for the 1989 shooting deaths of their parents, Kitty and Jose Menendez. During their first trials, defense attorneys presented evidence of Jose’s sexual abuse and argued the brothers were guilty of manslaughter because they killed their parents based on an honest but unreasonable belief that they were in danger. The brothers had separate juries. Both juries could not reach a verdict, resulting in a mistrial.
In 1995, prosecutors retried the brothers. In this trial, much of the evidence of sexual abuse was excluded. Prosecutors argued that the brothers fabricated the abuse. In 1996, Erik and Lyle were each convicted by a jury of first-degree murder and sentenced to life without parole. Lyle was 21 and Erik was 18 at the time of the shooting. Lyle, as indicated, is currently 56 and Erik is 53. The brothers have been in custody with no chance of parole for nearly 35 years.
In 2023, the brothers filed a habeas petition in court to overturn their convictions based on the discovery of new evidence.
This year, attorneys for the brothers sent a request to resentence.
While the habeas petition raises questions about the evidence at trial, the resentencing request focuses on rehabilitation and behavior during time served.
In both the habeas petition and resentencing tracks, the DA makes recommendations, and the court makes the final decision. If the court declines the DA’s resentencing recommendation for any reason, the habeas petition remains an option.
The DA’s office noted that, earlier this year, attorneys provided substantial material in the form of letters of support and prison records to establish their claim that the brothers have been rehabilitated and should be resentenced.
“We have been working diligently to thoroughly investigate their claims and prosecutors in our office’s Resentencing Unit reached a decision,” the DA’s office said.
In April 2021, District Attorney George Gascón established the Resentencing Unit to address over-incarceration through contemporary laws and policies.
They explained, “To date, our Resentencing Unit, in collaboration with the Murder Resentencing Unit, has reviewed or is actively reviewing 705 cases, resulting in 332 resentencings which would become 334 resentencings if the court grants the resentencing of the Menendez brothers.”
This will be one of Gascon’s last gasps as he will almost certainly be voted out of office soon.
Reasonable people are seeing the harm progressive justice is doing to their communities.
This is the right thing to do. They were kids when this occurred, there is substantial evidence of abuse, and they’ve been in for 35 years. I have followed this case for a few years now since a good friend of mine was in the same quad with the Menendez brothers and frankly it seems like a no-brainer to me.
When you’re right wing and authoritarian minded, all that matters to you is that “punishment” and “vengeance” gets doled out. That type doesn’t really care much about “justice,” nor do they do a really good job with any situation that requires complexity or nuance (which would be *most* situations involving humans).
I can’t wait to see the progressive tears flow when DA Gascon gets voted out.
DA Price looks like she may have to find another gig too.
So you admit you’re not interested in justice, just in seeing “progressive tears flow.”
What a stand up man you are!
I’ve long believed that Keith doesn’t really believe in anything.
Keith really only believes in Donald Trump and the MAGA cult. At first Keith was reluctant to even admit he was a conservative. He has become a complete Moms for Liberty and Trump supporter.
Not even sure that’s true
“I’ve long believed that Keith doesn’t really believe in anything.”
Oh really David. There’s a lot of things I believe in. Those things for the most part just happen to be different things than you believe in. I know you don’t like it but I’m not one of the sheep that falls in your camp and will call you out when I feel you’re wrong.
“So you admit you’re not interested in justice,”
Where did I say that? Quit putting words in other people’s mouths. I happen to believe in justice, justice for the victims of crimes. Not so much for the perpetrators of crime.
That reads like a non-denial, denial to me. You say you believe in things without elaborating.
“He has become a complete Moms for Liberty and Trump supporter.”
Hey Walter, are you okay with men competing in women’s sports?
I’m not and Trump agrees.
Drag queens are not competing in women’s sports nor being convicted of performing sex acts on kids.
I see Walter dodged the question.
“That reads like a non-denial, denial to me. You say you believe in things without elaborating.”
I believe in many things, why should I list everything I believe in?
Tell me everything you believe in David. Please “elaborate”.
It looks like I hit a nerve pointing out that progressive DA’s are going down this election. It’s brought out all of my haters.
You are too insignificant and don’t have enough substance for anyone to waste energy on “hating.”
Stop imputing emotion when there is none. But that’s a typical Trumper MAGA move. Like a 13-year-old edgelord trying to “own the libs.” Guess what, guy? You’re failing.
“Guess what, guy? You’re failing.”
Right, that’s why you hang on my every word. LOL