The Los Angeles County District Attorney, George Gascón, has submitted a petition to have Erik and Lyle Menendez resentenced, which could lead to the brothers being granted parole after serving life sentences for killing their parents.

Gascón announced this long-awaited decision regarding the notorious case during a press briefing on Thursday, asserting that the brothers have “served their time.”

The petition requests the court to impose a new sentence of 50 years to life for two counts of first-degree murder. According to a document obtained by YSL News, California law allows for youth parole since the brothers were under 26 years old at the time of the crime and have spent 30 years in prison.

With the district attorney’s office now having filed the petition, it will be reviewed by a judge. If the court favors both the defense and the district attorney, a parole board will assess the brothers’ rehabilitation and determine if they are ready to reintegrate into society.

During the Thursday press conference, Nancy Theberge, who leads Gascón’s resentencing unit, expressed her desire for the petition to be presented to a judge within the next 30 to 45 days. She mentioned that the brothers could participate in the hearing either physically or via Zoom.

This significant decision follows new evidence submitted by the brothers’ lawyers last year, which they claimed highlighted the abuse inflicted upon them by their father, Jose Menendez, a wealthy music industry executive. Recently, the brothers’ family, alongside celebrities and advocates for human rights, has pressed Gascón’s office to consider releasing the men, referencing the new findings and the evolving perspective on sexual abuse victims.

The Menendez brothers were found guilty in 1996 for the murders of their parents, Jose and Kitty Menendez, following their first widely publicized trial that ended in a hung jury. Their defense claimed self-defense and asserted that they were victims of sexual abuse by both their parents. Conversely, prosecutors argued that the abuse did not occur and that the brothers were motivated by the desire to inherit their parents’ fortune, which was estimated to be around $15 million at that time.

Recent documentaries and a debated true crime drama have reignited interest in the case, prompting developments surrounding it.

Here’s what we know about the case and the Menendez brothers’ potentially changing future:

What happens next?

Theberge indicated that the resentencing unit will collaborate with the defense to establish a court date for the petition’s hearing.

The presiding judge will determine whether the brothers should be resentenced and if they are eligible for parole. Should the judge agree, the brothers will meet with a parole board, which will primarily focus on assessing their rehabilitation and the risk they may pose if released, according to Gascón.

The district attorney stated that while he and some of his staff believe the brothers deserve to be resentenced, there are others in his office who may present counterarguments for keeping them incarcerated for life.

“It’s very possible that members of our team will be in court arguing against their resentencing – and they have every right to do so,” he remarked, encouraging opposing opinions to be voiced in court.

What prompted the district attorney’s decision?

Gascón revealed to reporters on Thursday that he made his decision shortly before the press conference where he disclosed this significant news.

He explained that he considered arguments from both sides, noting that while some staff members advocated for their release, others felt the brothers should “remain in prison for life.” He mentioned that there are differing opinions among his staff regarding the alleged abuse.

After thoroughly reviewing the evidence, the district attorney concluded that the brothers “experienced significant dysfunction and abuse at home,” stating, “I believe that, according to the law, resentencing is warranted.”

The behavior of the Menendez brothers during their time in prison influenced the decision significantly. They have not only focused on self-improvement but have also aimed to enhance the lives of their fellow inmates, according to Gascón.

They formed groups to address untreated trauma and offered assistance to disabled prisoners, Gascón stated. In one notable instance, Lyle Menendez worked to negotiate better living conditions for inmates.

“These efforts came from two young individuals who believed they would never be released from prison,” he remarked.

What new evidence emerged?

The district attorney’s office considered new evidence, including a letter allegedly written by Erik Menendez to his cousin, Andy Cano, revealing his experiences of abuse.

A portion of the letter, which the defense claimed was penned eight months prior to the murders, was submitted as part of the 2023 habeas corpus petition by the brothers’ legal team.

“I’ve been trying to avoid Dad. It’s still happening, Andy, but it’s worse for me now,” the letter read. “I never know when it’s going to happen, and it’s driving me insane. Every night, I lie awake fearing he might come in.”

In another part of the letter, Erik expressed his fear: “I understand what you said before, but I’m scared. You just don’t realize how dangerous Dad can be. He’s warned me countless times about telling anyone.”

The district attorney’s office also reviewed claims from a former member of the 1980s pop band Menudo, who alleged he was abused by Jose Menendez—claims that surfaced in a documentary titled “Menendez + Menudo: Boys Betrayed.”

Reactions from family and celebrities

During the news briefing on Thursday, some family members expressed their gratitude for the district attorney’s decision after years of advocating for the brothers’ release.

“This step gives us hope that the truth will be recognized and that Lyle and Erik can start to heal from their past traumas,” shared Anamaria Baralt, niece of Jose Menendez.

Reality TV personality Kim Kardashian, a vocal supporter of the brothers’ release who has visited them in prison, remarked that they “have been given a second chance at life” in a social media update.

She commended Gascón for his “commitment to truth and fairness” in a statement shared on Instagram.

Joan VanderMolen, sister of Kitty Menendez, called the decision a “courageous and compassionate advancement” when speaking to reporters at the news conference on Thursday.

“This isn’t just a legal issue; it’s a recognition of the suffering my cousins faced,” she asserted. “It’s time for Lyle and Erik to come home.”

(This story has been updated with additional information.)