Top LA prosecutor backs Menendez brothers being released on parole

Erik and Lyle Menendez – two brothers convicted of murdering their parents in a case that shook America more than three decades ago – should be resentenced by a judge and released on parole, the Los Angeles County district attorney has recommended.

The 1989 murders of Kitty and Jose Menendez in their Beverly Hills mansion have gripped the US for years and recently inspired a popular Netflix series.

The case centred on Erik and Lyle Menendez’s motive in the murders, in which their parents were shot 13 times as they watched television.

George Gascón, LA County’s top prosecutor, announced on Thursday that new evidence in the case merited a review of their life sentences.

Erik Menendez, 53, and Lyle Menendez, 56, are currently serving life in prison without possibility of parole in California.

There is a long road ahead before the brothers potentially walk free.

A judge will have the final say over whether the brothers should be re-sentenced and a parole board would have to examine whether they should be released from prison after serving more than 30 years.

The pair did not receive notice of Mr Gascón’s decision in advance, nor did members of the Menendez family.

“I believe the brothers were subject to a tremendous amount of dysfunction in their home and molestation,” Mr Gascón said.

He added that, while there is no excuse for murder, “I believe they have paid their debt to society”.

During their criminal trials in the 1990s, prosecutors painted the brothers as rich kids who methodically planned the murders to gain access to their parents’ fortune.

But their defence attorneys argued the brothers were victims of years of emotional, physical and sexual abuse and only acted out of self-defence.

The announcement by Mr Gascón – who is facing a tough re-election battle – follows new evidence in the case relating to claims of sexual abuse.

One new piece of evidence was a letter from Erik Menendez to another family member that appears to be from 1988 and details the alleged abuse by his father, Jose.

The other evidence came from a then-underage member of the 1980s Puerto Rican boy band Menudo. The band member alleged Jose Menendez, who worked as an executive at record company RCA at the time, drugged and raped him during a visit to Menendez’s home.

The case started on 20 August 1989 when the brothers – then aged 18 and 21 – called police and reported finding their parents’ bodies after returning home.

Mr Gascón said his office plans to file a re-sentencing recommendation in court on Friday. It will contain details and evidence arguing for a lesser sentence.

A hearing will be scheduled, which officials hope to schedule in the next 30-45 days, where a judge will weigh in and hear arguments about their release. The brothers could be in attendance, too.

The hearing is likely to be divisive. Mr Gascón noted this case has divided his office and members of his staff might argue against him in court. At least one member of the Menendez family, Kitty Menendez’s brother, Milton Andersen, has also harshly criticized the district attorney of playing politics with a case when he “has already endured the unimaginable loss of his sister”.

He said the recommendation, if approved by a judge, allows the possibility of parole due to both California law and the brothers’ ages at the time of the crimes. A parole board would have to examine the case and the rehabilitation of the brothers – and if the board approves their release, California Gov Gavin Newsom could still reject it.

There is a hearing scheduled in the case on 26 November but the district attorney’s office hopes to schedule a new hearing to discuss the re-sentencing recommendation.

The Menendez brothers filed a motion in May 2023 detailing the new evidence in their case and asking their convictions be vacated. Mr Gascón said his office had been reviewing the case for more than a year, but he said he made the decision Thursday, only an hour before holding a highly publicised news conference on the landmark case.

The decision was announced 12 days before Election Day, where Mr Gascón is facing a tough re-election and is down by 30 points in some polls. He denied his announcement was political and said it was a long-time coming.

Neama Rahmani, a criminal defence attorney and former federal prosecutor, told BBC News he’d never seen anything like this in his career.

“It’s really the perfect storm of PR and politics,” he said, noting the recent attention from celebrities, a Netflix drama series on the case and an “embattled” district attorney vying to remain in office. “You’re never going to see another case like this. It’s a unicorn.”

Kim Kardashian thanked Mr Gascón for “righting a significant wrong” on her Instagram story on Thursday. She said the case “highlights the importance of challenging decisions and seeking truth”.

Jose and Kitty Menendez were found dead inside their Beverly Hills mansion after being shot multiple times in August 1989.

Their sons – Erik and Lyle – called police, telling authorities they had gotten home and found their parents dead.

Authorities, at first, didn’t suspect the brothers. The couple was shot 13 times with two shotguns. The brutal nature of the crime led authorities to thinking maybe it was a mob hit.

But the brothers started to draw scrutiny with their behaviour – dolling out money on lavish spending sprees – including buying Rolex watches – gambling and partying.

A confession to their psychologist was their undoing. The doctor’s girlfriend audio recorded them making the admission and reported it to authorities.

In March 1990, the brothers were charged by police. They went to trial in 1993 and the brothers admitted to the killings – but argued they acted out of self-defence and feared their parents would kill them first.

They outlined years of emotional, physical and sexual abuse – namely by their father, Jose, who had gone on to be a film executive in Hollywood.

Lyle and Erik testified they confronted their parents about the sexual abuse and things had become combative in their household and they believed their parents were planning to kill them.

Family members testified about the abuse they witnessed – but none said they saw sexual abuse firsthand.

Prosecutors argued their motive was money – namely their parents’ $14m (£10.8m) fortune. They outlined their methodical planning, purchasing two shotguns days before the killings and their spending sprees afterwards. They painted the brothers as spoiled sons who thought they could get away with anything.

Their first trial ended with a mistrial, but a second in 1995 led to them to being convicted of first-degree murder.