Menendez brothers could be eligible for immediate parole as prosecutors recommend resentencing

The brothers' story has received renewed attention after being the focus of a hit Netflix true-crime documentary, as ITV News' Sam Holder reports.


Prosecutors have recommended Erik and Lyle Menendez should be resentenced for the 1989 killings of their parents in the family’s Beverly Hills home, providing the brothers with a chance at freedom after 34 years behind bars.

Los Angeles County District Attorney George Gascón said Thursday he’ll recommend that a judge resentence the brothers after they were convicted of the murders of their parents, Jose and Kitty, and sentenced to life in prison without the possibility of parole.

“After very careful review of all arguments made from people on both sides of this equation I came to a place where I believe under the law resentencing is appropriate and I am going to recommend that to a court tomorrow,” Gascón said.

Gascon added the brothers should be “eligible for parole immediately.”


George Gascón says the brothers would be "eligible for parole immediately" at a press conference on Thursday

However, he said that this was not a "universal agreement", and some people in the District Attorney's office strongly opposed to them being released.

A judge will ultimately decide whether to resentence them. A hearing date has not been set yet.

Mark Geragos, the brothers attorney, welcomed the news and said the they previously had had "no hope" and "resigned themselves to live the rest of their lives behind bars".

He said: "They have the love and support of an enormous family that has waited patiently for this day. I believe before Thanksgiving, they will be home."

Lyle, then 21, and Erik, then 18, admitted they fatally shot their parents.

The brothers said they feared their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years.

The brothers’ extended family has pleaded for their release, saying they deserve to be free after decades behind bars.

Several family members have said that in today’s world, which is more aware of the impact of sexual abuse, the brothers would not have been convicted of first-degree murder and subsequently sentenced to life imprisonment.

Multiple members of their extended family, including their aunt Joan Andersen VanderMolen, sat in the first few rows of Thursday's news conference.

Arnold VanderMolen, Nephew of Kitty Menendez, right, talks with Kitty Menendez's sister, Joan Andersen VanderMolen at a news conference. Credit: AP

The Menendez brothers were tried twice for their parents’ murders, with the first trial ending in a hung jury.

The case has gained new traction in recent weeks after Netflix began streaming the true-crime drama “ Monsters: The Lyle and Erik Menendez Story.”


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