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Why the Menendez brothers may get a resentencing after more than 30 years in prison

Public interest and support for the brothers has surged, in large part due to a controversial but wildly popular Netflix series about their case.

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After serving more than three decades in prison for murdering their parents, Erik and Lyle Menendez may have a chance at freedom.

Los Angeles County District Attorney George Gascón said Thursday that his office is reviewing new evidence brought by the brothers’ attorneys related to allegations of sexual abuse, and that his office will decide whether the brothers should be resentenced and possibly released from prison.

“We are not, at this point, ready to say that we either believe or do not believe that information,” Gascón said. “But we’re here to tell you because we have a moral and ethical obligation to review what is being presented to us and make a determination.”

A hearing is scheduled for Nov. 26.

In 1989, the brothers were convicted of shooting and killing their parents in their Beverly Hills mansion, and the case was a media sensation at the time. Erik and Lyle Menendez, who were 18 and 21 respectively when the crime was committed, admitted to killing their parents, saying it was self-defense after years of sexual abuse by their father and indifference from their mother.

Their first trial was declared a mistrial, and at their second trial, prosecutors managed to disqualify a large amount of evidence of sexual abuse and accused the brothers of lying about it. A jury ultimately found them guilty of first-degree murder, and they were sentenced to life without parole.

The brothers have long tried to get their convictions vacated. But public interest and support for them has surged in recent months, in large part due to a hit Netflix documentary series, “Monsters: The Lyle and Erik Menendez Story.” The show has been widely criticized for liberties taken in depicting the brothers’ relationship. Erik Menendez also issued a statement through his wife calling the series a “dishonest portrayal of the tragedies surrounding our crime.”

Gascón noted to reporters on Thursday that the Netflix show has sparked “tremendous interest” in the case. “We’re getting a lot of calls,” he said.

Cliff Gardner, one of the brothers’ attorneys, told The Associated Press that they believe resentencing is “appropriate,” given the new evidence and the current “understanding of how sexual and physical abuse impacts children — both boys and girls.”

“The brothers have served more than 30 years in prison,” he added. “That is enough.”

CORRECTION (Oct. 24, 2024, 3:32 p.m. ET): A previous version of this article misstated Erik Menendez’s age at the time of the crime. He was 18, not 19.

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