Los Angeles County District Attorney George Gascón announced on Thursday that he plans to pursue resentencing for Lyle and Erik Menendez, offering the possibility of their release after spending decades in prison for the murder of their parents. Gascón stated that he would file the necessary paperwork on Friday, recommending the removal of life sentences without the possibility of parole for the brothers. However, the ultimate decision lies with a Superior Court judge.
The Menendez Brothers Could be Paroled
Once Gascón files the paperwork, there isn’t a clear timeline or any scheduled court hearings yet. But based on his recommendation, the Menendez brothers could be eligible for parole right away, since they were both under 26 years old when the murders took place.
Not everyone agrees with Gascón’s decision. He acknowledged that opinions in his office are divided, with some arguing the brothers should remain behind bars for life and others supporting immediate release due to their claims of being molested by their father. Gascón, however, stands firm in his belief that Lyle and Erik have “paid their debt to society.”
Back in 1989, the brothers, then 21 and 18 years old, shot and killed their parents, José and Kitty Menendez, in their Beverly Hills home. Their defense at trial was based on claims that their father had sexually abused them for years, but after two trials, they were convicted of first-degree murder and sentenced to life without parole.
Three weeks before this announcement, Gascón’s office began reviewing the Menendez case after new evidence came to light, including a letter from one of the brothers alleging abuse and testimony from a former member of the boy band Menudo, who also accused José Menendez of sexual abuse. This additional evidence was a key factor in Gascón’s decision to revisit their case.
The Menendez brothers’ legal team, led by attorney Mark Geragos, celebrated Gascón’s move, calling it a significant step toward the brothers’ freedom. José Menendez’s niece, Anamaria Baralt, echoed that sentiment, expressing gratitude and hope for their eventual release.
Some Family Members are Against their Release
However, not all family members agree. Kitty Menendez’s brother, Milton Andersen, strongly opposes their early release, arguing that the brothers’ motive was greed, not survival. His lawyer submitted a letter to Gascón on Andersen’s behalf, making it clear they reject any form of resentencing or habeas petitions.
The DA’s Resentencing Unit, launched in April 2021 to address over-incarceration, has been reviewing hundreds of cases, with the Menendez brothers’ case among them. As the brothers’ supporters continue to rally for their freedom, there’s a growing belief that they’ve already served more than enough time—over 35 years—for crimes committed under the weight of alleged abuse and trauma. Family members and advocates argue that with today’s understanding of trauma and PTSD, their sentencing might have looked very different if the case were tried now.
Kitty Menendez’s sister, Joan Andersen VanderMolen, reflected on her struggle to reconcile the horrific events, but has since come to see the murders as the desperate actions of two traumatized boys trying to escape their father’s cruelty. Now, she believes Lyle and Erik have changed and deserve a chance at freedom. In her words, they’ve “already paid a heavy price” and have become “better men,” deserving the opportunity to live out their remaining years outside the shadow of their past.
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