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Los Angeles DA Asks That Menendez Brothers Be Resentenced -- Which Could Free Them Immediately

The Menendez brothers have been behind bars for decades -- and the DA believes they've 'paid their debt to society.'

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TRIAL OF BROTHERS LYLE & ERIK MENENDEZ, PARRICIDES

(Photo by Ted Soqui/Sygma via Getty Images)

There have been countless documentaries and true-crime TV series made about the Menendez brothers — the infamous case concerning the brutal 1989 slaying of Jose and Kitty Menendez by their sons, Erik and Lyle, in their Beverly Hills home. The brothers were convicted of murder after a mistrial and have been imprisoned for decades, and a great number of analysts and experts believe that the Menendez brothers should be freed — even would-be lawyer Kim Kardashian has weighed in on the issue. Now, with new light (and new evidence) being shined on the case after all these years, an important question is finally being asked: Are the Menendez brothers truly victims, as opposed to the villains they’ve been portrayed as?

In light of very recent resentencing efforts, the answer to that question may be yes.

Los Angeles County District Attorney George Gascón is seeking resentencing for Lyle and Erik, and filed a motion yesterday asking that the brothers be resentenced to 50 years to life. They are currently serving life sentences without the possibility of parole. Because they were younger than 26 when they killed their parents, Gascón says that if a judge follows his resentencing recommendation, they would be eligible for parole immediately. NBC News has additional details:

Gascón said his recommendation Thursday for resentencing was not universally backed.

“There are people in the office that strongly believe that the Menendez brothers should stay in prison the rest of their life, and they do not believe that they were molested,” Gascón said.

“And there are people in the office that strongly believe that they should be released immediately and that there were in fact molested.”

He added, “I believe that they have paid their debt to society.”

In his resentencing motion, Gascón noted that the Menendez brothers no longer pose a public safety risk, writing, “When Erik and Lyle Menendez were sentenced to Life Without the possibility of Parole in 1996 their sentences were aligned with what was considered the best public safety practices. What is considered best practices for public safety, however, has evolved.”

The Menendez brothers alleged innumerable episodes of sexual abuse by their father at their first trial, but those allegations were limited at their second trial. Additional allegations of sexual abuse have also been presented to prosecutors. From NBC News:

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The evidence provided to Gascón’s office included a photocopy of a letter from one of the brothers to another family member that alleged sexual abuse, Gascón said.

Defense attorneys also provided evidence that one of the members of the Menudo boy band alleged he was sexually abused by José Menendez, Gascón said.

Roy Rosselló, a member of the pop group from 1983 to 1986, said on the 2023 Peacock series “Menendez + Menudo: Boys Betrayed” that he was raped by José Menendez, who was then an executive at RCA.

The Menendez brothers have been behind bars for 35 years and counting. They were tried at a time when the sexual abuse of boys and young men was deeply misunderstood — if Lyla and Erika Menendez had killed their parents and alleged extended periods of sexual abuse, they would never have been sentenced to life in prison. Times have changed, and people’s compassion for victims has changed along with it.

A hearing date has not yet been scheduled, but Lyle and Erik’s lawyer, Mark Geragos, shared words of hope for his clients, saying, “Today is a monumental, monumental victory on that path [toward their freedom.]”

DA wants Menendez brothers resentenced, which could free them from prison for parents’ murders [NBC News]

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Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on X/Twitter and Threads or connect with her on LinkedIn.

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