They’re one step closer to freedom.
Lyle and Erik Menendez will be resentenced after spending more than 30 years behind bars for the grisly 1989 shotgun murders of their parents, Jose and Kitty, in a case that captivated the nation and spawned a popular Netflix series more than three decades later.
Los Angeles District Attorney George Gascón announced Thursday that the brothers will be resentenced at a press conference packed with more than 300 journalists from around the world — and will recommend to the court that the killer siblings be eligible for parole.
The final decision will be left to a judge — but Gascón said the men — now in their 50s — had been on “a journey of redemption and rehabilitation” and had “paid their debt to society,” both for the time they’ve served and all they’ve done to improve the lives of others while in prison.
Gascón revealed that his office was divided on whether to give the brothers a chance at resentencing in the infamous killings, which he called “horrible acts.”
“There were people in the office who strongly believe the Menedez brothers should stay in prison for the rest of their life, and do not believe they’ve been molested,” he said, even hinting some in his office could show up in court to oppose the resentencing recommendation.
“There are people in the office who believe they should be released immediately and were in fact molested,” he added.
“There’s no excuse for murder, and I will never imply that what we’re doing here is to excuse a behavior,” he said, acknowledging that sometimes abused people can “become desperate.”
If a judge agrees with Gascón’s recommendation, resentencing the Menendez brothers for murder would mean their new, parole-eligible sentences would change to 50 years to life — 25 years for each murder.
However, since they were convicted under the age of 26, they would be immediately eligible for parole under California’s Youthful Offender law if resentenced.
After Gascón’s remarks, Joan Vandermolen, Kitty’s sister, took the microphone to sing the DA’s praises for taking a “brave and compassionate step forward” in recommending resentencing.
“This decision is not just a legal matter. It is a recognition of the abuse my cousins endured … We know this wasn’t an easy decision but it was the right one. This is about truth, justice and healing.”
Reporters peppered Gascón with questions about his reelection, including the accusations he’s used the spectacle for political gain, which he denied, noting his office had made similar recommendations for 300 people and “will continue to do so in the future.”
The brothers had a court date scheduled for Nov. 26 before today’s press conference was announced, but it was not immediately known if that has changed.
The case has garnered fresh attention after new evidence that the brothers had allegedly been serially molested by their father was unearthed, kicking off a campaign to free the men led by family members and celebrity boosters.
The brothers were sentenced to life without parole in 1996 for the brutal killings inside the family’s lavish Beverly Hills home, following a highly publicized trial that made Erik and Lyle — who were then 21 and 18, respectively, — household names and late-night punchline fodder.
Their case has largely remained out of the spotlight since then, but recently it’s come roaring back into the public consciousness following the release of the hit Ryan Murphy-produced Netflix series based on the double-slayings, “Monsters: The Lyle and Erik Menendez Story.”
Then last month, Los Angeles County District Attorney George Gascón announced his office had been taking a renewed look at the brothers’ case “for over a year” in light of new evidence that indicates they had been routinely sexually abused while growing up.
The key piece of evidence was a bombshell note — purportedly written by Erik to his now-deceased cousin Andy Cano just a few months before the killings — that referenced living in fear of the alleged abuse he was suffering at his father’s hands.
“I’ve been trying to avoid dad. It’s still happening Andy but it’s worse for me now,” the handwritten letter read in part.
“I never know when it’s going to happen and it’s driving me crazy. Every night I stay up thinking he might come in.”
Roy Rosselló, a former member of Puerto Rican boy band Menudo, has also come forward and alleged he was sexually abused by Jose Menendez as a 14-year-old.
Earlier this month, more than 20 members of both Jose and Kitty’s families held a press conference in Los Angeles to call for the men to be resentenced, arguing their sexual abuse was not properly considered at trial.
Their first trial ended in a hung jury, but during their second — in which the men were both convicted of first-degree murder — the judge ruled any evidence the boys were molested would be inadmissible.
Family members have cried foul at this and claimed the only reason such evidence was excluded is that sexual abuse against men and boys was taken less seriously back then.
Vandermolen, the brothers’ aunt, pointed out that society has dramatically shifted since the men stood trial, and that no court of law would discount credible allegations of sexual abuse just because the defendants were men.
“No jury today would issue such a harsh sentence without taking their trauma into account. Lyle and Erik paid a heavy price — discarded by a system that failed to recognize their pain. They have grown, they have changed, and they have become better men despite everything they have been through.”
High-profile celebrity attorney Mark Geragos, who represents the brothers, enthusiastically echoed this sentiment.
“If they were the Menendez sisters, they would not be in custody. We have evolved, and it’s time for them to be released.”
Geragos also lauded the men for being model inmates during their extensive time in the big house, praising Erik and Lyle, now 53 and 56, for working to stay productive and better themselves by earning academic degrees, starting programs and providing mentorship to younger inmates.
The lawyer, whose client roster over the years has included Michael Jackson, Chris Brown, Colin Kaepernick and Jussie Smollett, also batted down suggestions by some critics that Gascón is using the case as a way to raise his profile as he prepares to mount a tough re-election bid next month.
The campaign to set the brothers free was supported by a coterie of celebrities including Kim Kardashian and Rosie O’Donnell.
