Los Angeles County District Attorney George Gascón plans to ask the court Oct. 25 to change the prison sentences of convicted killers Erik and Lyle Menendez, allowing them to be set free after nearly 35 years.
A recent documentary released on Netflix, “The Menendez Brothers” released by Campfire Studios, featured the brothers and prompting a flood of calls to Gascón’s office from members of the public seeking their release, he told reporters at a press conference on Oct. 24.
The film takes a deep look into the alleged sexual abuse and molestation the Menendez brothers endured at home.
The district attorney planned to file a resentencing request in late November but moved the request up to Oct. 25 following the public outcry, according to Gascón.
The Menendez brothers, who are now 53 and 56 years old, have spent their prison time obtaining an education and helping other prisoners. They remain behind bars at Richard J. Donovan Correctional Facility in San Diego.
Their good behavior, and society’s change of perspective about sexual abuse victims, compelled the district attorney to seek a change in their sentences.
“Even though they didn’t think they would ever be let free, they engaged in a different journey—a journey of redemption and rehabilitation,” Gascón said. “I believe that they have paid their debt to society and the system provides a vehicle for their case to be reviewed by a parole board.”
If the judge agrees to change the sentences and a parole board decides in favor of release, the brothers could soon leave prison.
“They will be eligible for parole immediately,” Gascón said.
Several generations of the brothers’ family members have pleaded for their release from prison, including their aunt, Joan Andersen VanderMolen.
The family held a news conference in downtown Los Angeles on Oct. 16, pleading for the brothers to be set free from prison.
VanderMolen, 92, said most of the family did not know about the extent of the alleged abuse.
“It was a nightmare none of us could have imagined, but as details of Lyle and Erik’s abuse came to light, it became clear that their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable [cruelty] of their father,” she told a throng of reporters gathered for the news conference. “As their aunt, I had no idea of the extent of the abuse they suffered at the hands of my brother-in-law. None of us did.”
Lyle Menendez was 21 and Erik Menendez was 18 at the time of the murders. The two admitted they shot their father, Jose Menendez, an entertainment executive, and their mother, Kitty Menendez.
The brothers were tried twice. The first ended in a hung jury, with half of the jury favoring a manslaughter conviction. They were retried in 1995, and much of the testimony centered on alleged sexual abuse by their father.
During their trial, the brothers said they feared they were about to be killed by their parents to prevent the public disclosure of their father’s molestation of Erik.
They have repeatedly appealed their convictions. Court papers filed by defense attorneys last year included additional evidence of Erik Menendez’s molestation. He was 13 at the time.
The resentencing is not meant to excuse the murders, Gascón said.
“There is no excuse for murder, and I will never imply what we’re doing here is to excuse their behavior,” he said. “I understand sometimes people get desperate. We often see women be battered for years and sometimes murder their abuser out of desperation.”
The amount of molestation in the Menendez home and their young age would have brought a lesser sentence if they had been tried today, he claimed.
The Menendez brothers’ case isn’t the first case Gascón has sought to have resentenced.
The district attorney said on Oct. 24 that his office had resentenced more than 300 people since he took office in 2020, including 28 murderers. Only four have reoffended, according to Gascón.
Gascón is polling behind in his bid for reelection against former U.S. Assistant Attorney General Nathan Hochman. Many residents have voiced disappointment with his progressive policies that have eased criminal sentences.
