The Los Angeles County District Attorney Has Recommended the Menendez Brothers Be Resentenced

Erik and Lyle Menendez have been in prison since their initial arrest in March 1990. The case of the now infamous Menendez brothers caught the attention of an entire nation when the two wealthy boys from Beverly Hills stood trial for the murder of their parents. In August 1989, Erik and Lyle shot Jose and Kitty Menendez a total of 16 times while they were watching television. The couple was unarmed and by all accounts not dangerous, but their sons told a different story.

Their defense rested largely on allegations of sexual abuse by their father, claiming the murders were committed in self-defense. After two hung juries, a third jury convicted them both. Since then, newly discovered evidence supporting the brothers' abuse claims prompted their attorneys to file a habeas corpus. This allows them to challenge their imprisonment in court.

Here's what we know about the Menendez brothers' possible resentencing.

On Oct. 3, 2024, Los Angeles County District Attorney George Gascón announced his office was reviewing the new evidence included in the habeas corpus.

"We have not decided on an outcome," he said at the time, but went through the two options. Gascón could recommend their sentence be vacated. The decision would then be left up to Judge William Ryan, who in October 2022 vacated the sentence of Maurice Hastings, a 69-year-old man who was wrongfully imprisoned for 38 years, per the Los Angeles Sentinel.

Gascón could also recommend Erik and Lyle be resentenced. In a press conference held Oct. 24, 2024, Gascón announced he was going to recommend Erik and Lyle Menendez be resentenced.

If Judge Ryan concurs, their new sentence will be life with the possibility of parole as opposed to life without the possibility of parole. Because there were two victims, that would change the sentence to 50 years to life.

Due to the ages of Erik and Lyle at the time of the murders, they are eligible for youthful parole, which would free the brothers immediately. Judge Ryan now has 30 days to set a status conference and could resentence them as early as that day.

He can also use the conference to schedule the hearing for a later date. Naturally, the judge will take into consideration what Gascón suggested, but ultimately the decision lies with Judge Ryan.

"This is a case we've had many people in this office spend a great deal of time reviewing," explained Gascón. He went on to say that the office has been deeply divided.

Some believe Erik and Lyle should stay in prison for the rest of their lives, and do not think they were sexually abused by their father. Others do believe the sexual abuse allegations and think the Menendez brothers should be released immediately.

Anyone from the District Attorney's office can make their opinions known at the status hearing.

While reviewing their prison files, Gascón and his team focused on whether or not Erik and Lyle have been rehabilitated and can safely be reintegrated back into society. He saw that they chose a path of redemption and healing versus engaging in further criminal behavior while incarcerated, like so many others decide to do.

"I believe they have paid their debt to society," said Gascón. "If the parole board concurs with my decision, they will be released accordingly."

The case will be filed in court on October 25. It should be noted that Gascón referenced the "Menendez brothers documentary" as a contributing factor surrounding his decision to move forward more quickly. Their office had been inundated by calls requesting the brothers be set free, and they simply didn't have the manpower to wait any longer.

When asked about a message to Erik and Lyle, Gascón said he did not approve of the way they handled their abuse, but he "appreciates what they did while they were in prison," and hopes they continue to do good work if they are free.