Menendez Brothers Case Update: George Gascon Recommends Resentencing

Los Angeles County District Attorney George Gascon has made a big decision on the case of Erik and Lyle Menendez, who were convicted of killing their parents Jose and Kitty Menendez in 1989.

Weeks after announcing that he was “reviewing” their case, Gascon recommended a resentencing during a press conference on Thursday afternoon.

Tomorrow, Gascon will file to recommend a life sentence with eligibility of parole.

He explained, "What that means in this particular case is that we’re going to recommend to the court that the life without the possibility of parole be removed and that they will be sentenced for murder, which, because there are two murders involved, that will be 50 years to life. However, because of their age under the law, since they were under 26 years of age at the time that this crime has occurred, they will be eligible for parole immediately."

Along with saying that resentencing is "appropriate," Gascon added, "I believe the brothers were subject to a tremendous about of dysfunction in their home and molestation."

"They engaged in a different journey—a journey of redemption and rehabilitation," Gascon noted. "I believe they have paid their debt to society."

In 1996, the brothers were sentenced to life in prison without the possibility of parole.

While Gascon backs a resentencing, the brothers’ future will be in the hands of a judge and "the court has to agree."

Several of Erik and Lyle's family members were sitting in the front row of the press conference and even shook Gascon's hand before it started. Their defense attorney Mark Geragos was also on hand for Gascon's decision.

Earlier this week, Gascon revealed that the DA’s office was torn about the Menendez brothers, who have spent nearly 35 years in prison.

He told People magazine, “There are some people in my office that believe that there is no evidence of molestation. I don't agree with that, but that's certainly the position that some people have taken, and they believe that they should stay in prison the rest of their life. There are other people in the office that believe that there's probably some evidence of molestation and there is additionally evidence of rehabilitation. So, I mean, certainly we have some issues."

He added, “If in fact they have rehabilitated as is being alleged, and we're reviewing all of that, they have been in prison for almost 35 years. Thirty-five years is a long time to be in prison. And especially when you look at the circumstances behind this case, it just seems to me that at some point there has to be a place for redemption and rehabilitation. But again, whether I believe that they should or shouldn't be in prison the rest of their life, it's not necessarily what is going to alter my final decision. My final decision is going to be really evaluating the law.”

In another interview with CNN's Jake Tapper, Gascon discussed the contentious divide in his office, saying, "There’s actually two different camps in my office. I have a group of people, including some that were involved in the original trial, that are adamant that they should spend the rest of their life in prison and that they were not molested. I have other people in the office that believe actually, that they probably were molested and that they deserve to have some relief.”

Over the past three decades, Erik and Lyle have appealed their sentences several times, but have always been denied. 

Erik and Lyle’s legal team recently requested a retrial, citing new evidence, including Roy Rosselló’s sexual abuse allegations against Erik and Lyle’s father Jose Menendez. The brothers had claimed sexual abuse by their parents as a mitigating factor in their decision to kill them both.

Their legal team brought attention to a letter that Erik wrote to his cousin Andy Cano about his father’s alleged sexual abuse, sent just months before the murders.

Last week, Lyle and Erik’s family held a press conference in downtown Los Angeles on Wednesday afternoon, with more than 30 family members advocating for the brothers’ freedom at Clara Shortridge Foltz Criminal Justice Center.

Geragos began by saying that he has been working “18 months” to get the brothers out of prison.

Mark revealed that Los Angeles District Attorney George Gascon’s office has “engaged with us productively for well over a year.”

Following the press conference, the family met with the DA’s office to plead their case.