Prosecutors recommend resentencing Erik and Lyle Menendez in 1989 killings of their parents

October 24, 2024

WXXV Staff,

By STEFANIE DAZIO and JAIMIE DING

Updated 3:49 PM CDT, October 24, 2024

LOS ANGELES (AP) — Prosecutors will recommend Erik and Lyle Menendez be resentenced for the 1989 killings of their parents in the family’s Beverly Hills home, providing the brothers with a chance at freedom after 34 years behind bars.

An official with knowledge of the decision who was not authorized to speak on the record ahead of a planned press conference confirmed that Los Angeles County District Attorney George Gascón would recommend resentencing for the brothers.

They were sentenced in 1996 to life in prison without the possibility of parole. Prosecutors must now seek court approval.

Lyle Menendez, then 21, and Erik Menendez, then 18, admitted they fatally shot their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez. The brothers said they feared their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years.

The brothers’ extended family has pleaded for their release, saying they deserve to be free after decades behind bars. Several family members have said that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life.

Multiple members of their extended family, including their aunt Joan Andersen VanderMolen, sat in the first few rows of Thursday’s news conference. Joan Andersen VanderMolen was Kitty Menendez’s sister and has publicly supported their release. Mark Geragos, an attorney for the brothers, was also there.

The Menendez brothers were tried twice for their parents’ murders, with the first trial ending in a hung jury.

Prosecutors at the time contended that there was no evidence of molestation, and many details in their story of sexual abuse were not permitted in the second trial. The district attorney’s office also said back then that the brothers were after their parents’ multimillion-dollar estate.

Not all Menendez family members support resentencing. Attorneys for Milton Anderson, the 90-year-old brother of Kitty Menendez, filed a legal brief asking the court to keep the brothers’ original punishment. “They shot their mother, Kitty, reloading to ensure her death,” Anderson’s attorneys said in a statement Thursday. “The evidence remains overwhelmingly clear: the jury’s verdict was just, and the punishment fits the heinous crime.”

The LA district attorney is in the middle of a tough reelection fight against former federal prosecutor Nathan Hochman who has blamed Gascón’s progressive reform policies for recent high-profile murders and increased retail crime.