Erik and Lyle Menendez could be released from prison as the LA District Attorney recommends resentencing. Here's what happens next.

Prosecutors formally recommended that Erik and Lyle Menendez be resentenced for the 1989 murders of their parents, Jose and Kitty Menendez. The brothers spent 34 years behind bars for the murders.

Los Angeles County District Attorney George Gascón made the announcement Thursday after weeks of speculation and acknowledged his office was divided. Thanks to Ryan Murphy's successful Netflix series, the case came back into the public eye Monsters: The Story of Lyle and Erik Menendez. Kim Kardashian called for the brothers' release in an Oct. 3 essay.

“After a very careful consideration of all the arguments presented (by both sides), I came to a point where I believe that resentencing is appropriate under the law and I will recommend this to a court tomorrow,” Gascón said at a news conference and adding that the office has been inundated with calls recently. “I believe they have paid their debt to society.”

Lyle and Erik, then 21 and 18, admitted to killing their parents with shotguns in their Beverly Hills mansion. The brothers said it was self-defense because they feared their lives were in danger. Erik and Lyle claimed they were sexually abused by their father for years and claimed their mother was aware of it. They were tried twice.

A mistrial was declared in 1994 due to a hung jury. In 1996, Lyle and Erik were sentenced to life in prison for first-degree murder. Many details of the alleged sexual abuse they suffered were not acknowledged at the retrial.

Gascón said his office would demand that “life without the possibility of parole be abolished.” Given Erik and Lyle's ages at the time of the murders, they are eligible for immediate parole. He demanded her reparations and rehabilitation since her time in prison.

“We are very sure that the brothers have not only rehabilitated themselves,” Gascón said, but “that they have paid their toll not only for the crimes they committed, but also for all the other things they did have to improve people’s lives.” many others.”

The case warrants a resentencing, says a legal expert

San Diego criminal defense attorney David P. Shapiro told Yahoo Entertainment that there are “a significant number of mitigating factors” that warrant reconsideration of the sentences against Erik and Lyle.

“Existing law in California, although not that at the time of the original conviction, requires the court to consider the age of the defendant at the time of the offense and to consider whether the defendant had previously suffered trauma. “Here, both brothers claim they were sexually abused by their father,” Shapiro explained, citing new evidence over the years.

Singer Roy Rosselló, a former member of the boy band Menudo, claimed in a 2023 Peacock documentary that he was sexually assaulted by Jose when he was 14. Jose was a prominent executive at RCA Records at the time.

Gascón announced Oct. 3 that his office was reviewing the convictions based on “new evidence.” This also included an unearthed letter from Erik to his cousin from 1988 in which he mentioned the abuse.

“I believe that the brothers have been subjected to tremendous disruption and harassment in their home,” Gascón said at Thursday’s news conference.

What's next?

Gascón said his office will file a motion with the court on Friday to recommend overturning the life sentences.

“The district attorney may ask the court to recall the brothers and give them a reduced sentence for manslaughter because the brothers may have been sexually assaulted and acted in self-defense,” Shapiro said. “In this case, after more than 30 years in prison, they would definitely have good reasons for a new sentence.”

The case will be heard by an LA Superior Court judge, who will make the decision to formally sentence the brothers. According to Gascón, the parole board must also approve. A date for this hearing has not yet been set.

As Gascón noted, his office disagrees with the resentencing and he encouraged “those who disagree with us to speak out in court.”

Nearly two dozen members of the Menendez family support the release of Erik and Lyle, but there are some who do not. A judge will likely hear both sides before making a decision.