Topline
Erik and Lyle Menendez, the brothers fighting for release from prison after they were sentenced to life for the 1989 murder of their parents, are set to have a resentencing hearing Thursday morning in Los Angeles, which could pave the way for a reduced penalty and their eventual release.
The Menendez brothers have served three decades in prison for first-degree murder of their parents. … More
Key Facts
The Menendez brothers will have a two-day hearing, beginning Thursday morning, where a judge will hear arguments and determine whether they should be eligible for a new sentence.
Former Los Angeles County District Attorney George Gascón recommended a resentencing in October, and he said he believes the brothers are not a danger to society—but Gascón was voted out a month later and replaced with District Attorney Nathan Hochman, who opposes their resentencing and accused the brothers of lying about killing their parents out of self defense.
Lawyers representing the brothers, as well as lawyers for the district attorney’s office, will both present arguments to the judge, and both sides are able to call people to testify.
The brothers are expected to attend the hearing virtually, though it’s unclear whether they will testify—Mark Geragos, a lawyer representing the brothers, said he would request testimony from family members, who have fervently backed the brothers’ release.
If a judge reduces their sentences, the brothers could be eligible for parole, but they would still need to seek approval from a parole board—or he could reject their resentencing request, though the brothers still have other legal avenues to pursue a possible release.
Why Are The Menendez Brothers Facing A Resentencing Hearing?
The brothers have spent three decades in prison, but the Netflix drama series “Monsters” put their case firmly back in the public consciousness last year and renewed calls for their release, with advocates claiming the Menendez brothers acted out of self defense and should have their punishments reduced. Two weeks after the series premiered, Gascón said he was actively reviewing the Menendez case, acknowledging the series had spurred attention to the case and many calls to his office. The brothers had already been pushing for release and requested a new hearing the year prior, citing a letter Erik had sent his cousin in 1988 that detailed his father’s alleged abuse, as well as a new allegation their father had raped a singer while an executive at RCA Records. Gascón recommended a resentencing hearing and asked the judge to consider reducing their sentence to 50 years to life, which would make them eligible for parole immediately. The Menendez brothers’ lawyers have argued manslaughter would have been a more appropriate charge because the brothers claim they acted in self defense, though Gascón opposed a manslaughter charge “given the premeditation that was involved.” Hochman asked the judge to deny their resentencing request, alleging the brothers have “fabricated” their self-defense claims and have shown a “lack of acceptance of responsibility for their murderous actions.”
How Else Could The Menendez Brothers Pursue Freedom?
Should the judge reject the Menendez brothers’ resentencing request, they have multiple other pathways to possible freedom. Their freedom could be granted by California Gov. Gavin Newsom, whom the brothers have asked for clemency. Newsom said the brothers would each face a review from the state parole board, which would make recommendations as to whether the brothers pose a danger to society. The parole board hearings are expected to take place in June. The brothers have also called for a new trial, citing new evidence, including the letter sent by Erik to his cousin allegedly detailing his father’s abuse, and the separate rape allegation against their father by singer Roy Rossello. Hochman has opposed their request for a new trial.
What Were The Menendez Brothers Convicted Of?
The Menendez brothers were convicted of first-degree murder for the 1989 killings of their parents, José and Kitty Menendez. The trial was highly publicized, in which prosecutors portrayed the brothers as cold-blooded killers, whereas the brothers claimed they had endured sexual abuse by their father, alleging their mother was an alcoholic and drug addict who physically abused them. Their first trial ended in a deadlocked jury, but in their second trial, a judge largely prevented lawyers from presenting evidence of sexual abuse, which their lawyers say could’ve led to a lesser sentence under a possible manslaughter conviction, instead of first-degree murder.
Further Reading
Prosecutors Could Back Resentencing Menendez Brothers Today—As Controversial ‘Monsters’ Stays High On Netflix Charts (Forbes)
What to know as Menendez brothers ask for freedom in resentencing hearing (BBC News)
