The Menendez brothers are one step closer to getting released from prison.
Los Angeles District Attorney George Gascón announced his recommendation for the brothers’ resentencing in a heavily delayed press conference Thursday afternoon.
After starting 37 minutes late, Gascón recommended the brothers’ sentences be changed from life in prison without the chance of parole to life in prison with the chance of parole. Since Lyle and Erik Menendez were both under 26 when they committed the murders (21 and 18, respectively), they would be eligible for parole immediately.
Gascón’s reexamination of the case was motioned by the pair’s attorneys who filed a 2023 habeas corpus petition. Among the evidence was a sexual abuse claim from ex-Menduo member Roy Rosselló and a letter Erik wrote to his cousin Andy Cano months before the murder.
“I’ve been trying to avoid Dad,” An excerpt of Erik’s letter says. “It’s still happening, Andy, but it’s worse for me now. I can’t explain it. He’s so overweight that I can’t stand to see him. 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. I need to put it out of my mind. I know what you said before but I’m afraid. You just don’t know Dad like I do. He’s crazy! He’s warned me a hundred times about telling anyone.”
Gascón accredited one corroborating reason for his department’s interest in the case to the growing movement across social media. While the Menendez Instagram, Facebook, and TikTok communities have been active for years, it’s spiked due to the “Monsters” drama series and “The Menendez Brothers” documentary.
The Menendez brothers confessed to murdering their parents, Jose and Kitty Menendez, in their Beverly Hills estate. The authorities did not suspect the pair until it was revealed that they had spent $700,000 of their parents’ inheritance.
The Menendez brothers claimed that they murdered Jose and Kitty due to their fear that the couple was planning to murder them. The brothers claimed they suffered years of abuse from their parents, particularly sexual abuse from their father. Lyle claimed he was sexually abused from ages 6 to 8 while Erik claimed his abuse went on from ages 6 through 18.
In addition to the allegations of sexual abuse, they claimed that both of their parents frequently mistreated them physically and psychologically. According to Californian lawyer Pamela Bozanich, the brothers were lying to avoid being executed via the death penalty. The juries in both cases ended in a mistrial. In their combined second trial, a majority of abuse claims were left out. The brothers were sentenced to life in prison without the chance of parole after being found guilty of first-degree murder with special circumstances for lying in wait. Erik and Lyle were separated for 20 years until their reunification in 2018.
“I believe that they have paid their debt to society and the system provides a vehicle for their case to be reviewed by a parole board,” Gascón said in the press conference. “If [the] board concurs with my assessment … they will be released accordingly.”
Gascón said he’s making his recommendation to the court today and an LA Superior Court Judge will ultimately finalize the decision. The deputy in charge of Gascón’s resentencing unit hopes a hearing will commence in the next 30-45 days.
“We’re very sure not only that [the] brothers have rehabilitated and will be safe to be reintegrated into our society, but they have paid their dues, not only for the crimes that they committed but because of all the other things they have done to improve the lives of so many others,” Gascon said.
The brothers are housed in the experimental “Echo Yard” unit of Richard J. Donovan Correctional Facility, which operates outside of “normal prison rules.” Erik currently teaches yoga and speech classes, along with painting projects that he works on with his brother. Lyle recently graduated from UC Irvine’s in-prison program alongside 22 other prisoners.
Many Menendez family members were in attendance for the press conference and shared their thoughts. “…Despite their circumstances, they have chosen a life of light. Without hope of release, they have persevered. They have sought to better themselves, and serve as a support and inspiration for survivors all over the world,” cousin Anamaria Baralt said in a press statement.
Gascón’s recommendation still has to go in front of a judge and agree to make them eligible for parole. If the judge agrees, they would need to have a parole hearing and get granted parole. It’s a lengthy process, but this first step is substantial to their fight for freedom.