Erik and Lyle Menendez should be resentenced with parole, says prosecutor

Two brothers who were convicted of murdering their parents in a case that shook America more than three decades ago are a step closer to being released on parole.

A Los Angeles County district attorney has recommended that Erik and Lyle Menendez be resentenced by a judge because new evidence merited a review.

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

For the brothers to gain their freedom, a judge would have to agree with the recommendation and then a parole board approve their release.

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

The case centred on their motive in the murders, in which their parents were shot 13 times as they watched television.

“I believe the brothers were subject to a tremendous amount of dysfunction in their home and molestation,” said George Gascón, LA County’s top prosecutor, on Thursday.

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 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 that members of his staff might argue against him in court.

Kitty Menendez’s brother, Milton Andersen, has accused the district attorney of playing politics.

If the parole board approves their release, California Gov Gavin Newsom could still reject it.

The Menendez brothers filed a motion in May 2023 detailing the new evidence in their case and asking that their convictions be vacated.

The decision was announced 12 days before Mr Gascón faces a tough re-election but he denied his announcement was political and said it was a long time coming.

“It’s really the perfect storm of PR and politics,” Neama Rahmani, a criminal defence attorney and former federal prosecutor, told the BBC.

“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 13 times in August 1989.

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

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 – lavish spending sprees including buying Rolex watches, and 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.

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 and they believed their parents were planning to kill them.

Family members testified about 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 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.