Los Angeles County District Attorney George Gascón has submitted a request to reconsider the sentences of Erik and Lyle Menendez, potentially allowing for parole for the brothers who are currently serving life sentences for murdering their parents.

During an announcement on Thursday, Gascón revealed his long-anticipated decision in this notorious case, stating that the brothers have “fulfilled their obligation to society.”

The request recommends the court to change the brothers’ sentences to 50 years to life for two counts of first-degree murder, as per a document obtained by YSL News. California law allows them to qualify for youth parole since they were under 26 when the crime occurred and have spent 30 years in prison.

Once the petition is filed, it will be presented to a judge. If the judge agrees with the defense and the district attorney, a parole board will review whether the brothers have been rehabilitated and can safely reintegrate into society.

At a press conference on Thursday, Nancy Theberge, deputy leading Gascón’s resentencing unit, expressed her hope that the petition would be heard by a judge within the next 30 to 45 days. She noted that the brothers could either attend the hearing in person or via Zoom.

This significant decision follows the submission of new evidence last year by the brothers’ lawyers, which they claim reveals the abuse inflicted by their father, Jose Menendez, a wealth music executive. Recently, their family, along with celebrities and human rights activists, urged Gascón’s office to reconsider the brothers’ imprisonment based on this new evidence and progress in understanding sexual abuse victims’ experiences.

The Menendez brothers were found guilty in 1996 for murdering their parents, Jose and Kitty Menendez, after their first widely publicized trial ended in a hung jury. Their defense claimed they acted in self-defense and revealed that they were victims of sexual abuse by both parents. Prosecutors denied the abuse allegations, asserting the brothers were motivated by a desire for their parents’ fortune, estimated then at around $15 million.

The case has attracted renewed interest due to a series of recent documentaries and a controversial true crime dramatization, all of which have accelerated developments regarding the case.

Here’s what we know about the situation and the uncertain future for the Menendez brothers:

What’s next?

Theberge indicated on Thursday that the resentencing unit will work with the defense to arrange a court date to review the petition for resentencing.

The presiding judge will then decide on the petition and determine whether the brothers could be eligible for parole. If the judge concludes that resentencing is warranted, the case will go before a parole board, which will focus on evaluating “if they have been rehabilitated and are safe to be released,” Gascón explained.

The district attorney stated that while he and some colleagues support resentencing the brothers, there might be others in his office who will argue against their release, favoring their continued incarceration.

“It’s likely that some members of our office will present arguments in court against their resentencing – and they have the right to do so,” he remarked, adding, “We support those who disagree with our position to voice their concerns in court.”

What prompted the district attorney’s decision?

Gascón indicated to reporters that he made the decision just an hour before the press conference announcing the significant news.

He explained that this choice followed a thorough assessment of arguments from both sides, with some staff members advocating for immediate release while others argued for a lifetime in prison. He mentioned that there are differing opinions among his staff regarding whether the siblings experienced abuse.

After reviewing the evidence, the district attorney concluded that the brothers “were exposed to an environment filled with dysfunction and molestation,” stating, “I am convinced that, by law, resentencing is appropriate.”

A significant factor influencing his choice was the behavior of the Menendez brothers during their time in prison. He expressed that not only have they pursued personal growth, but they have also endeavored to improve the conditions for their fellow inmates.

According to Gascón, they established groups aimed at addressing untreated trauma and others focused on assisting disabled inmates. In one instance, Lyle Menendez acted as a negotiator for other prisoners regarding the conditions of their incarceration.

“These initiatives were undertaken by two young individuals who felt they would never be released from prison,” he remarked.

What was the new evidence?

The new evidence that the district attorney’s office considered included a letter that was allegedly written by Erik Menendez to his cousin, Andy Cano, where he referenced the abuse he experienced.

A portion of the letter, claimed by the defense to be composed eight months before the murders, was submitted in the 2023 habeas corpus petition filed by the brothers’ legal team.

“I’ve been trying to stay away from dad. It’s still happening, Andy, but it’s worse for me now,” he wrote. “I never know when it’s going to happen, and it’s driving me mad. I lie awake every night worrying he might come in.”

The letter continued: “I know what you said before, but I’m scared. You don’t understand dad like I do. He’s out of control! He’s threatened me many times about telling anyone.”

Additionally, the district attorney’s office reviewed claims from a member of the 1980s pop band Menudo, alleging abuse by Jose Menendez, which were revealed in a documentary titled “Menendez + Menudo: Boys Betrayed.”

Family members, celebrities react to DA’s decision

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

“This action gives us all hope that the truth will finally emerge, allowing Lyle and Erik to begin the healing process from their past traumas,” said Anamaria Baralt, a niece of Jose Menendez.

Reality TV figure Kim Kardashian, a vocal advocate for the brothers’ release who has personally visited them in prison, remarked that they “were given a second chance at life” in a social media message.

In her Instagram post, she stated, “Your dedication to truth and justice is admirable,” referring to Gascón.

Joan VanderMolen, sister of Kitty Menendez, addressed reporters during the Thursday news conference, labeling the decision a “courageous and compassionate move forward.”

“This ruling transcends legal issues; it acknowledges the abuse my cousins faced,” she expressed. “It is time for Lyle and Erik to return home.”