The Los Angeles County District Attorney’s Office’s decision to recommend the sentencing of Lyle and Erik Menendez, who were sentenced to life without the possibility of parole for murdering their parents, would be the 29th and 30th such requests from prosecutors in murder convictions, according to District Attorney George Gascón.
It will be up to a judge, however, not prosecutors, to decide whether the brothers, who have been behind bars for more than three decades, will be resentenced. If the judge agrees with the DA’s request to sentence them to 50-years-to-life each, it would make them immediately eligible for a parole hearing and possible release from prison.
What could happen in the coming days for the Menendez brothers?
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Resentencing hearing
Gascón’s office filed the resentencing motion late Thursday, just after the public announcement. Los Angeles Superior Court Judge William Ryan will set a schedule to hear from defense lawyers for the brothers, and will schedule a hearing to consider the request.
Attorneys for the brothers said they are in support of the DA’s motion, so it is expected that a hearing could be scheduled without much delay.
Will resentencing be granted?
The DA’s office under Gascón has considered or pursued resentencings in more than 700 convictions, including those murder cases. 332, or just under half, have been granted by the court.
Some resentencing motions filed by the DA’s office are rejected if the court disagrees with the reasoning or information behind the motion.
In the case of the Menendez brothers, a judge would decide whether the Menendez brothers’ “post conviction” conduct in prison, meaning good behavior, and rehabilitation efforts have met the legal standards for resentencing.
“Defendants have demonstrated they no longer present a public safety risk …such that their current sentence is no longer in furtherance of justice,” prosecutors wrote.
When could they be released?
The timeline is unclear as the court has yet to hold its first hearing on the resentencing request, but assuming the judge approves the proposed sentences, Erik and Lyle Menendez would be eligible for an immediate parole hearing, where many of the factors raised in the resentencing motion would be considered. That hearing process typically takes several months to complete.
What if they are released?
Geragos said there’s already a plan in place for the brothers’ reentry into society although he declined to reveal details for security reasons.
The reentry plan was previewed with the DA’s office, according to Geragos.
Lyle and Erik Menendez are both married to spouses who make a living, said Geragos, who added Lyle is in a master’s degree program while Erik is in the process of getting his undergraduate degree.
