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Erik and Lyle Menendez, two brothers convicted of murdering their parents in a case that shook America over three decades ago, have been recommended by the Los Angeles County district attorney to be resentenced by a judge and released on parole.
The 1989 murders of Kitty and Jose Menendez in their Beverly Hills mansion have captivated the US for years and recently inspired a popular Netflix series.
The case focused on Erik and Lyle Menendez’s motive in the murders, during which their parents were shot 13 times as they watched television.
George Gascón, LA County’s top prosecutor, announced on Thursday that new evidence in the case warranted a review of their life sentences.
Erik Menendez, 53, and Lyle Menendez, 56, are currently serving life in prison without the possibility of parole in California.
There is a long road ahead before the brothers potentially walk free.
A judge will have the final say on whether the brothers should be resentenced, and a parole board would need to consider whether they should be released from prison after serving more than 30 years.
The pair did not receive advance notice of Mr Gascón’s decision, nor did members of the Menendez family.
“I believe the brothers were subjected to a tremendous amount of dysfunction in their home and molestation,” Mr Gascón said.
He added that, while there is no excuse for murder, “I believe they have paid their debt to society.”
During their criminal trials in the 1990s, prosecutors portrayed the brothers as wealthy kids who meticulously planned the murders to gain access to their parents’ fortune.
But their defense attorneys argued that the brothers were victims of years of emotional, physical, and sexual abuse and acted out of self-defense.
Watch: LA prosecutor recommends resentencing Menendez brothers
The announcement by Mr Gascón, who is facing a tough re-election battle, follows new evidence in the case related to allegations of sexual abuse.
One new piece of evidence was a letter from Erik Menendez to another family member dating back to 1988, detailing the alleged abuse by his father, Jose.
The other evidence came from a then-underage member of the 1980s Puerto Rican boy band Menudo, who alleged that Jose Menendez, an executive at record company RCA at the time, drugged and raped him during a visit to Menendez’s home.
The case began on 20 August 1989 when the brothers, then aged 18 and 21, called the police and reported finding their parents’ bodies upon returning home.
What’s next? Will the Menendez brothers walk free?
Mr Gascón said his office plans to file a resentencing recommendation in court on Friday, containing details and evidence arguing for a reduced sentence.
A hearing will be scheduled, which officials hope to set within the next 30-45 days, where a judge will consider and hear arguments about their release. The brothers could also be present.
The hearing is likely to be divisive. Mr Gascón noted that this case has divided his office, and some members of his staff may argue against him in court. At least one member of the Menendez family, Kitty Menendez’s brother, Milton Andersen, has also strongly criticized the district attorney for playing politics with a case when he “has already endured the unimaginable loss of his sister.”
He said the recommendation, if approved by a judge, allows the possibility of parole due to both California law and the brothers’ ages at the time of the crimes. A parole board would need to review the case and the rehabilitation of the brothers – and if the board approves their release, California Gov Gavin Newsom could still deny it.
There is a hearing scheduled in the case on 26 November, but the district attorney’s office hopes to arrange a new hearing to discuss the resentencing recommendation.
The Menendez brothers filed a motion in May 2023 detailing the new evidence in their case and requesting their convictions be vacated. Mr Gascón said his office had been reviewing the case for over a year, but he made the decision on Thursday, just an hour before holding a highly publicized news conference on the landmark case.
The decision was announced 12 days before Election Day, where Mr Gascón is facing a tough re-election and is trailing by 30 points in some polls. He denied that his announcement was political and stated that it was a long time coming.
Neama Rahmani, a criminal defense attorney and former federal prosecutor, told BBC News that he had never seen anything like this in his career.
“It’s really the perfect storm of PR and politics,” he said, noting the recent attention from celebrities, a Netflix drama series on the case, and an “embattled” district attorney vying to stay in office. “You’re never going to see another case like this. It’s a unicorn.”
What did the Menendez brothers do?
Jose and Kitty Menendez were discovered dead inside their Beverly Hills mansion after being shot multiple times in August 1989.
Their sons – Erik and Lyle – contacted the police, informing authorities that they had returned home to find their parents deceased.
Initially, authorities did not suspect the brothers. The couple was shot 13 times with two shotguns. The brutality of the crime led authorities to consider the possibility of a mob hit.
However, the brothers began to raise suspicion with their behavior – spending money on extravagant shopping sprees, including purchasing Rolex watches, gambling, and partying.
Their confession to their psychologist was their downfall. The doctor’s girlfriend recorded them making the admission, which was then reported to the authorities.
In March 1990, the brothers were charged by the police. They went to trial in 1993, where they admitted to the killings but argued that they acted in self-defense, fearing that their parents would kill them first.
They detailed years of emotional, physical, and sexual abuse, primarily by their father, Jose, who had become a film executive in Hollywood.
Lyle and Erik testified that they confronted their parents about the sexual abuse, and tensions escalated in their household, leading them to believe that their parents were planning to kill them.
Family members testified about the abuse they witnessed, although none claimed to have seen sexual abuse firsthand.
Prosecutors argued that their motive was money – specifically their parents’ $14m (£10.8m) fortune. They described their meticulous planning, including purchasing two shotguns days before the killings, and their extravagant spending afterward. They portrayed the brothers as entitled sons who believed they were above the law.
Their first trial ended in a mistrial, but a second trial in 1995 resulted in their conviction for first-degree murder.