What’s next for the Menendez brothers as DA recommends their resentencing decades after their parents’ killing

More than three decades after Lyle and Erik Menendez were convicted of the murders of their parents and sentenced to life in prison without the possibility of parole, the brothers now see a path to their potential release.
Los Angeles District Attorney George Gascón on Friday will recommend that a judge resentence the siblings. A decision that was the culmination of a review that came after defense attorneys said in 2023 they had new evidence pointing to abuse by their father.
“I will never excuse murder, and those were brutal, premeditated murders,” Gascón told CNN Thursday. “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.”
A hearing on the matter could be held in 30 to 45 days, when a Los Angeles Superior Court judge will ultimately decide whether the brothers will be resentenced. Gascón said he supports the resentencing of the brothers to life with the possibility of parole. Which normally would mean 50 years to life in prison. But because the crimes happened when the brothers were under 26 years old. They would be eligible for youthful parole under California law.
Calling the brothers “model prisoners,” Gascón told CNN he believes there’s a good chance they would be paroled if the decision reaches the parole board. An attorney for one of the brothers said he hopes they’ll be home by Thanksgiving.
The reexamination of the case comes more than 35 years after the 1989 fatal shooting of Jose and Kitty Menendez in their Beverly Hills mansion. Their sons, who were 21 and 18 at the time, were arrested less than a year later. In 1990, and convicted of first-degree murder in 1996.
What led to the DA’s decision
Gascón’s decision was made just an hour before he made the announcement Thursday because there were vastly different opinions on the case within his office, he told CNN. Multiple factors went into the decision to recommend a resentencing, including that multiple family members “made it very clear that not only that there might have been sexual molestation, but they say this is a very dysfunctional, very abusive home, and it was so for many years,” Gascón said.

“I believe they have served enough time,” he said.
Gascón’s reexamination of the case came after attorneys for the Menendez brothers filed a habeas corpus petition in 2023 citing. What they argue is new evidence. As well as a recent California law on resentencing. In which the court can take into consideration sentences in comparable cases.
Among the new evidence the 2023 petition asked a court to consider: a sworn statement by former Menudo boy band member Roy Rosselló. Who alleged Jose Menendez sexually assaulted him in the 1980s. The attorneys also said a letter Erik Menendez wrote to a cousin months before the killings alludes to the abuse he endured.
Gascón, who is campaigning for reelection next month on a platform that includes sentencing reform. Told CNN times have changed regarding how the public and the courts treat victims of sexual abuse.
The district attorney’s office also considered the brothers’ behavior while incarcerated, and they have “shown tremendous amount of efforts to rehabilitate,” Gascón said.
“They have been model prisoners by all accounts. Not only have they worked on their own self-improvement, but they have done a lot of work to better the life of those around them. Which that part is unusual,” Gascón told CNN, indicating that the men created groups to address. How to deal with untreated trauma and help inmates with physical disabilities.
Citing their conduct during the last three decades in prison, Gascón said he believes. That there’s a strong possibility that the brothers will be paroled.
“What they did was horrible. They premeditated the murder of their parents and killed them. But I think they’re different people today, and we base our opinion on the last 35 years of behavior,” Gascón said.
The decision on whether the brothers should be paroled will however ultimately lie with the parole board. If the court agrees with the district attorney’s office on the resentencing, according to the district attorney.
When asked about mounting criticism from opponents who suggested reconsidering the Menendez brothers’ sentence was a political move. Gascón said : “There’s nothing political about this,” adding that more than 300 resentencings have happened in the county since he took office in December 2020, including 28 for murder.
Attorneys hope they’ll be released by Thanksgiving
Thursday’s decision brought a ray of hope for the brothers’ attorneys and family. Who said they anticipate the men can soon be reunited with loved ones and live a life outside of prison.
“I believe before Thanksgiving, they will be home,” one of the brothers’ attorneys, Mark Geragos, said Thursday.
The petition for resentencing will be filed on Friday with accompanying exhibits supporting Gascon’s recommendation, said Nancy Theberge. Deputy in charge of Gascón’s resentencing unit.
Erik Menendez (L) and his brother Lyle (R) listen during a pre-trial hearing, on December 29, 1992 in Los Angeles. After the two pleaded innocent in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez of Beverly Hills, Calif. It took 40 months for the Superior Court arraignment after prosecutors and defense attorneys battled. Over the admissibility of taped confessions the brothers allegedly made to their psychotherapist.
Family members stand behind Lyle and Erik Menendez as they await a decision that could see them released from prison.