Los Angeles DA recommends resentencing of Menendez brothers in 1989 parents murder case

The Los Angeles County District Attorney’s Office announced Thursday it will recommend the resentencing of Lyle and Erik Menendez, who were sentenced to life without the possibility of parole in 1996 for the killings of their parents, Jose and Mary Louise "Kitty" Menendez.

"After a very careful review of all the arguments that were made from people on both sides of this equation, I came to a place where I believe that under the law, resentencing is appropriate," Los Angeles County District Attorney George Gascón said on Thursday.

The recommendation is expected to be submitted to a court on Friday, where it will now go before a judge.

"We are going to recommend to the court that the life without the possibility of parole be removed, and that they will be sentenced for murder," Gascón said. "Since they were under 26 years of age at the time that these crimes occurred, they will be eligible for parole immediately."

Joseph “Lyle” Menendez and Erik Menendez were sentenced to life in prison for fatally shooting their parents, Jose Menendez and Kitty Menendez, with shotguns in their home in Beverly Hills in 1989 when the brothers were 21 and 18 years old.

The DA's announcement comes after Gascón said his office was reviewing new evidence, which included a photocopied letter from one of the brothers to another family member that alleged sexual abuse.

"Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence," Gascón said. "We remain steadfast in our commitment to support all victims as they navigate the long-lasting effects of such trauma."

What was being considered for the review?

A new piece of evidence the DA's office was reviewing involved a letter that Erik Menendez had written to a cousin about alleged sexual assault by his father prior to the killings.

Gascón’s office also said it considered a signed declaration by a member of the popular 1980s Puerto Rican boy band Menudo that he too was sexually assaulted by Jose Menendez. 

The DA had said a hearing was scheduled for Nov. 29, but he said in an interview that he decided to speed up the process given the heightened public attention on the Menendez brothers’ case, largely stemming from a Netflix series and social media movement.

A group of family members supporting the brothers also called earlier this month for the brothers to be released from state prison.

At an Oct. 16 news conference outside the downtown Los Angeles courthouse, Kitty Menendez's sister, Joan Andersen VanderMolen, said she struggled for many years to come to "terms with what happened in my sister's family."

Pushback against possible resentencing

Critics said Gascón is trying to leverage media attention through the national case ahead of the November election.

“LA County District Attorney George Gascón has once again demonstrated his opportunism,” the Los Angeles Association of Deputy District Attorney said in a statement. “Throughout his disastrous tenure as DA, Gascón has consistently prioritized celebrity cases over the rights of crime victims, showing more interest in being in the spotlight than in upholding justice.”

A September poll showed Gascon was trailing his challenger, Nathan Hochman, by 24 points.

Gascón said he is more open to "reviewing things that other prosecutors may not."

Also, the Beverly Hills Police Department, which was the investigating agency at the time of the murders, said it has not been contacted by the DA's Office regarding the new developments.