L.A. County Dist. Atty. George Gascón announced that he would make a decision on the possible resentencing of the Menendez brothers by the end of the week.
Erik and Lyle Menendez have spent 34 years behind bars after being convicted of the 1989 slaying of their parents, but evidence recently surfaced supporting the brothers’ claims that they were sexually abused by their father, prompting a reexamination of the case.
Gascón had promised to offer a position on the case by a November hearing but told CNN’s Jake Tapper on Tuesday that he was accelerating this timeline in response to increased public attention.
The famous case has soared back into the public eye thanks in part to a new Netflix miniseries and documentary that shone a light on the violent past of Jose Menendez, the brothers’ father. It has also sparked a heated public discourse over whether the brothers deserve a new shot at justice and if societal views of rape have evolved since the pair were sentenced to life in prison in 1996.
Gascón, for his part, told Tapper it was concerning that one of the prosecutors made comments about “how men cannot be raped.”
“There was certainly implicit bias that took place at that time that perhaps may have had an impact in the way the case was perceived and presented to the jury,” he said.
He said prosecutors in his office today were split into two camps regarding a possible resentencing.
“I have a group of people, including some that were involved in the original trial, that are adamant that they should spend the rest of their life in prison and that they were not molested,” he said. “I have other people in the office that believe they probably were molested and that they deserve to have some relief.”
Gascón said the Menendez brothers were facing two possible forms of relief.
The first is a petition filed by the brothers’ defense team arguing that new evidence challenges the argument prosecutors made during trial — that the murders were motivated by the boys’ desire to secure their $14-million inheritance and that Jose Menendez did not abuse his sons.
This evidence includes a letter that attorneys say Erik Menendez wrote about the sexual abuse he endured as a teenager prior to committing the killings as well as new claims brought forward by Roy Rosselló, a former member of the boy band Menudo, who said he too was raped by Jose Menendez.
The second possible form of relief is a California law that allows for the early release of prisoners who have already served long sentences and are not deemed a threat to the community, Gascón said.
Gascón said he was considering both options and noted that either one would require a court approval.