When Erik and Lyle Menendez were first arrested for the murder of their parents in 1990, the brothers virtually became overnight celebrities. Before long, OJ Simpson’s star outshone theirs, leaving the accused killers to adjust to their new lives behind bars and out of the public eye. After a few quiet decades, the Menendez brothers found fame again in 2024 when Ryan Murphy told their story in season two of his Monsters series on Netflix. Lyle and Erik weren’t exactly happy with his work, but still, the attention worked in their favor as Los Angeles District Attorney George Gascón filed a motion on Oct. 24 recommending a resentencing for the infamous case.

Are the Menendez Brothers Getting Out of Prison?

Gascón’s decision comes after defense attorneys shared new evidence supporting Lyle and Erik’s allegations of sexual abuse against their father, José Menendez. Submitted documents include a sworn statement from former Menudo boy band member Roy Rosselló, who claims the music executive also assaulted him and a letter Erik wrote to a cousin months before the murders alluding to the abuse.

“I will never excuse murder, and those were brutal, premeditated murders,” Gascón told CNN. “They were appropriately sentenced at the time when they were tried. They got life without the possibility of parole. I just think that given the current state of the law and given our assessment of their behavior in prison, they deserve the opportunity to be re-evaluated and perhaps reintegrated into the community.” The DA noted that many members of the Menendez family have since spoken out about the “sexual molestation” that occurred in the “very dysfunctional, very abusive home for many years.”

The resentencing motion notes that Erik and Lyle “understand the harm they caused extended far beyond the direct victims of the offense,” but did not engage in violence before the murders and haven’t in the decades since. “I believe they have served enough time,” Gascón doubled down. He’s in support of the Menendez’s receiving life sentences with the possibility of parole if things move forward, which would normally mean 50 to life behind bars. However, since the murders occurred when they were under 26 years old, they’re both eligible for youthful parole under California law.

George Gascón Addresses Controversy

Seeing as Gascón is campaigning for reelection next month with a platform that includes sentencing reform, there’s been suspicion about his motive in supporting Lyle and Erik. He told CNN, “times have changed regarding how the public and the courts treat victims of sexual abuse.” To his critics, the LA DA added, “There’s nothing political about this,” while pointing out the 300 resentencings that have played out across North America since he took office in Dec. 2020 (28 of which have been murder cases).

What’s Next for Erik and Lyle?

In the next 30 to 45 days, there could be a hearing regarding the Menendez resentencing where a Los Angeles Superior Court judge would decide whether the case is worthy of being reexamined. One of the brothers’ attorneys, Mark Geragos, is hopeful Lyle and Erik will be home by Thanksgiving, but the latest reports indicate there’s still work to be done. When a hearing date is selected, defense can decide whether their clients should be physically in the court room or appear via video conference while all arguments and evidence are admitted.

Before Gascón’s decision, a hearing was scheduled for November regarding a habeas corpus petition that was filed last year in the case. This finds defense attorneys asking the court to vacate the brothers’ conviction and sentence, or permit discovery and an evidentiary hearing during which they can provide proof. “I don’t agree with the arguments of the habeas. I think that the conviction was appropriate given what was there,” the District Attorney told CNN. “But I do believe the resentencing is an appropriate vehicle for them to be provided some avenues of relief.”

Seeing as the Menendez brothers are now in their 50s, adjusting to fast-paced life on the outside could prove challenging; nevertheless, they’ve worked hard to live productive lives in prison that Gascón believes will serve them well on the outside. “Both Erik and Lyle have been recognized for their work ethic, professionalism, and being significant contributors to the betterment of the community they live in,” he noted. In particular, Lyle’s leadership abilities at the California Department of Corrections and Rehabilitation helped them “close down an entire discipline dorm” based on his ability to “build consensus among inmates and the administration.”

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