Los Angeles County District Attorney George Gascón is recommending a resentencing of Erik and Lyle Menendez for the 1989 Beverly Hills murders of their parents José and Kitty Menendez. The decision, announced at an Oct. 24 press conference, comes after the brothers, now in their 50s, have served 35 years in prison.
The District Attorney will formally make the recommendation in court on Oct. 25 that the brothers’ original sentence of life without parole be rescinded. The office will also request a resentencing for the murder convictions, which brings a maximum of 50 years to life in prison, with the possibility of parole. Due to the ages of the brothers when the crime was committed, they would be immediately eligible for parole. It will be up to a Los Angeles Superior Court Judge to make the resentencing decision at a hearing date to be determined.
“They have been in prison for nearly 35 years,” Gascón said. “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. And if parole concurs with my assessment, and it will be their decision, then they will be released accordingly.”
Gascón noted that there were dissenters in his office on the decision. He said he had members of his office who believed the brothers should remain in prison for the rest of their lives. Anticipating that some of them may even appear in court to argue against a resentencing at future hearings, he said, “They have a right to do so.”
The brothers have admitted to the killings but contended at their trials that they were victims of repeated sexual assaults by their father and lived in fear for their lives. There were two trials for both brothers. Jurors in the first trial were unable to reach verdicts, deadlocking on first-degree murder
and lesser charges including manslaughter. The second trial, which began in October 1995 and lacked much of the testimony centered on sexual abuse allegations ended with the brothers being convicted for first-degree murder and conspiracy. The two repeatedly appealed their sentences unsuccessfully.
Last year attorneys for the brothers filed a petition with the District Attorney’s office which pointed to new evidence which corroborated claims of the abuse. A letter written by Erik Menendez to one of his cousins in early 1989, eight months before the August 1989 killings detailed Erik’s fear. A former member of the Puerto Rican boy band Menudo claimed that he was sexually abused by Jose Menendez as a teenager. This year attorneys for the brothers also filed a request for resentencing.
Around 30 Menendez family members announced that they supported the resentencing at an Oct. 16 news conference. Kitty Menendez’s sister, Joan Andersen VanderMolen, said that the murder was “a nightmare none of us could have imagined, but as details of Lyle and Erik’s abuse came to light, it became clear that their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable [cruelty] of their father.’’
After the Oct. 24 announcement by Gascón, several members of the Menendez family spoke to reporters. VanderMolen told reporters at the press conference, “We know this wasn’t an easy decision, but it is the right one. This is about truth, justice and healing. It is time for Lyle and Erik to come home.”
Mark Geragos, an attorney for the Menendez brothers, said the two have been model prisoners. Gascón mentioned that part of his decision was influenced by both brothers’ work starting trauma therapy groups while incarcerated. Gascón said during the press conference that they “acknowledge Erik and Lyle’s continuous rehabilitative efforts during their incarceration.”
Before the decision, attorney Kathy Cady filed an opposing amicus brief on behalf of Kitty Menendez’ brother Milton Anderson. The brief contends that the new evidence submitted was suspect, and that Anderson was not informed properly of updates on the case. Saying that Gascón’s decision to review the case was motivated by a desire to reverse a trend that he is behind his opponent in an election several weeks away, Cady said “Gascón is willing to manipulate the facts for a fleeting chance to salvage his political career.”
Michele Hanisee, President of the Association of Deputy District Attorneys (ADDA), said the public announcement on the resentencing decision was “opportunism,” via a statement. Echoing similar claims by Cady, Hanisee said of Gascón: “His concern lies not with the victims or the community but with the chance to score political points and raise his profile.”
The ADDA is the collective bargaining agent representing Deputy District Attorneys in Los Angeles County and supports Gascón’s opponent Nathan Hochman in the upcoming DA race.
Hochman slammed the timing of the decision in a statement. He said that the case had been filed for more than a year, and that by making his statement now, releasing the statement now, “Gascón has cast a cloud over the fairness and impartiality of his decision, allowing Angelenos to question whether the decision was correct and just or just another desperate political move.”
