DA expected to reach decision on possible Menendez brothers resentencing by end of week

It was 1989 when Erik and Lyle Menendez, with firearms, killed their father and mother, Jose and Kitty, who were in the family room of their house in Beverly Hills. Both parents died instantly.

Seven years later, in a trial broadcast around the world, just like the OJ Simpson trial, the brothers were sentenced to life in prison, with no chance of release. Or so Erik and Lyle thought.

Following the broadcast of the series 'Monsters: The Lyle and Erik Menendez Story' on Netflix, the situation of the two convicts has taken a turn. Sensitivity in the 21st century with the issue of abuse (both brothers gave dramatic testimony in the trial of how their father exercised all kinds of violence against them) leads to their status as victims being considered an attenuating circumstance for the crime they committed.

Photo: Netflix

According to ABC News, Los Angeles County District Attorney George Gascón announced that he was evaluating new evidence presented in the case that could lead to a review of the sentence.

This evidence, which is currently unknown, will be reviewed at a future hearing, where elements such as the rehabilitation of both brothers will also be taken into consideration.

However, if the prosecutor decides to review the sentence, it would be up to a judge to decide whether they are released after more than 30 years behind bars, whether their sentence is reduced or whether they face a new trial.

Mark Geragos, the brothers' attorney, described his clients as model prisoners who have worked tirelessly to rehabilitate themselves, despite knowing they will never be released from prison again.

In addition, according to ABC, prosecutor George Gascón has reviewed the sentences of more than 300 prisoners, of which only four have reoffended, a minimal percentage that supports the prosecutor's work and brings Erik and Lyle closer to an almost unexpected freedom.

When the trial of the Menendez brothers took place, we were in an era before MeToo, which in the 21st century shaped a new sensitivity to abuse not only for women but for all victims. Although at first the jury did see an extenuating circumstance in the fact that the brothers had been two children traumatized by extreme violence on the part of their father, in the second instance the judge rejected that this could be considered when sentencing them.

Among the evidence that could be presented this time is the testimony of Roy Roselló, a former member of the Menudo gang, who claims that he was abused by José Menéndez. In addition, there is a letter written by Erik Menéndez to a cousin of his, months before the crime, detailing the abuse suffered by the brothers. Although the cousin testified at the trial, the letter did not appear until several years later, according to The New York Times.

Also in favor of the release is the fact that around twenty relatives of Lyle and Erik asked the prosecutor to release the brothers at a press conference held on October 16, in which Joan Andersen VanderMolen, Kitty Menéndez's sister, named her nephews as victims.

Photo: Netflix

"I have struggled for years with what happened to my sister - a nightmare no one could have imagined. But as details of the abuse they suffered were revealed, it became clear that my nephews' actions, while tragic, were the desperate response of two brothers trying to survive their father's cruelty," she went on to say.

What's more, the family has formed a coalition called 'Justice for Erik and Lyle', with the aim of raising awareness about the case. According to ABC, the family is asking that the charge of first-degree murder be changed to involuntary manslaughter.

And we might not have long to wait to see what decision is made. According to People, Los Angeles County District Attorney George Gascón told the magazine on October 21 that in a matter of days he will on whether or not to recommend resentencing for Erik and Lyle Menendez, adding that he doesn't believe the Menendez brothers are a danger to society.

Gascón told People, “Based on everything that I know, I don't believe that they are...Quite frankly, they probably haven't been for a very long time, if they ever were. I think this is not like they were going around killing people or robbing people on the street."

In fact, according to Gascón we could know his decision about resentencing the brothers by the end of this week. Gascón told People he would be discussing the case with the office's resentencing and habeas units.

“I'll be listening to not only the briefing, but recommendations from both teams,” Gascón told People. “That also plays a role. Because they're not just sort of an agnostic presenter. They're going to be presenting what they think should be the outcome. I expect one will be saying, ‘No relief,’ one will be saying, ‘Yes, provide relief,’ and I'll evaluate both of them.”

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