Menendez Brothers Should Be Resentenced and Made Eligible for Parole, LA DA Says

Los Angeles District Attorney George Gascón adds that his office does not have “a universal agreement” on the notorious murder case

Erik Menendez, Lyle Menendez (ABC)
Erik Menendez, Lyle Menendez (ABC)

Los Angeles County District Attorney George Gascón recommended on Thursday that Erik and Lyle Menendez have their current sentences of life without parole be struck down and that they be considered eligible for parole immediately.

“I believe they have paid their debt to society,” Gascón said of the more than 30 years that each has already served, also citing “the things they have done to help the lives of others” while in prison. The brothers were 19 and 21 when they shot and killed their parents, Jose and Kitty Menendez, in 1989.

Gascón also said, “We don’t have a universal agreement. There are people in the office who strongly believe that the Menendez brothers should spend the rest of their lives in prison and don’t believe they were molested,” and several who believed the brothers’ account of horrific abuse and that they should be freed.

The siblings’ attorney, Mark Geragos, along with members of the Menendez family, were also in attendance. Erik and Lyle Menendez’s fates are now in the hands of a judge, who will decide whether the pair gets a lighter sentence, a new trial or a full release from prison. Their next court date is scheduled for Nov. 26.

“I think it’s important to have some introspection today,” Gascón said, “because I think that, often for cultural reasons, we don’t believe victims of sexual assault, whether they’re women or men. It’s salient to understand that our own implicit bias around sexual abuse and sexual assault often leads us to severe injustice in our community.”

He further urged other victims of sexual abuse to come forward, saying they no longer have to “suffer alone.”

On Tuesday, Gascón acknowledged the role that Ryan Murphy’s Netflix series “Monsters: The Lyle and Erik Menendez Story” has had on the case and the public opinion towards it in an interview with CNN. That update itself came a week after 20 of the brothers’ family members held a press conference urging the DA’s office to reconsider their sentencing while launching the Justice for Lyle and Erik coalition.

In response to that press conference, the DA’s office issued the following statement to TheWrap: “We have heard the heartfelt pleas from the Menendez family regarding a review of this case … our office is dedicated to a thorough and fair process and is exploring every avenue available to our office to ensure justice is served.”

“Our office has developed a more modern understanding of sexual violence since the Menendez brothers first faced prosecution. Today, our office acknowledges that sexual violence is a pervasive issue affecting countless individuals — of all gender identities — and we are committed to supporting all victims as they navigate the profound impacts of such trauma,” the statement continued. “Our Bureau of Victim Services works tirelessly to provide trauma-informed support to those affected by violence, ensuring that they receive the resources and assistance they need to heal and reclaim their lives. We understand the complexity of these situations and the multitude of emotions that come into play for victims and their families.”

According to Gascón from earlier in October, there are two pieces of new evidence that could impact a retrial: A former member of boy band Menudo saying he was also molested by Jose Menendez at the family’s home; and a letter Erik allegedly wrote to his cousin eight months before the murders, which further corroborates his detailed history of abuse.

Lyle and Erik, now 56 and 53 years old, respectively, have been imprisoned since being found guilty of the 1989 double murder of their parents, Jose and Kitty Menendez. Both were initially given life sentences without the possibility of parole in 1996.

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