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Prosecutors in Los Angeles County will request the resentencing of Erik and Lyle Menendez, who were convicted of killing their parents in 1989, in a move that could see the brothers set free after more than 30 years behind bars.
In a news conference on Thursday, L.A. District Attorney George Gascón said he will ask a court to allow the brothers to be resentenced to life with the possibility of parole on the two counts of murder. Because they were under 26 years of age when they committed the crimes, such a sentence would make them eligible for youthful parole, Gascón said, potentially allowing them to be released on parole immediately.
Gascón said there was no doubt that the brothers “were subjected to a tremendous amount of dysfunction at home,” including sexual abuse. But he pointed to the lengthy sentences that they have already served and commended their good behavior in prison.
After Gascón makes his recommendation on Friday, a judge will then decide whether to resentence the brothers. A parole board must also approve the decision, Gascón said.
The brothers were convicted in 1996 of shooting and killing their parents, Jose and Kitty Menendez, seven years earlier in their Beverly Hills mansion. Erik and Lyle, who were 18 and 21 respectively when the crime was committed, admitted to killing their parents but claimed they did so in self-defense after years of sexual abuse by their father and the indifference of their mother.
After a mistrial, prosecutors sought a second trial in which much of the evidence of sexual abuse was disqualified. Prosecutors also accused the brothers of lying about the abuse. A jury ultimately found them guilty of first-degree murder, and the brothers were sentenced to life without the possibility of parole.
The brothers have long tried to get their convictions vacated. Last year, their attorneys submitted new evidence related to the brothers’ allegations of sexual abuse. But their best chance at freedom came in recent months, after a hit Netflix series about their crimes renewed intense public interest in their case. The show was a hit, though Erik Menendez has criticized its portrayal of the brothers’ relationship.
Gascón, who is up for re-election this year, announced in early October that his office would review the latest evidence brought by their attorneys.
“This decision is not just a legal matter. It is a recognition of the abuse my cousins endured,” said Karen VanderMolen, the niece of Kitty Menendez, at the news conference. “We know this wasn’t an easy decision, but it’s the right one.”