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Menendez Brothers Resentencing Recommended By District Attorney’s Office

The Menendez brothers could be free within weeks
menedez brother trialGetty Images

Los Angeles County District Attorney George Gascón, has announced that his office has officially put forward a court recommendation for a Mendendez brothers resentencing hearing.

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The decision to recommend resentencing for the Menendez brothers, means Lyle and Erik Menendez could walk free within weeks, pending the outcome of the court hearing tomorrow, where their fate will be decided by a judge.

While Gascón has made it clear that his office had been considering the case in recent months, his final decision was only made just an hour before today’s press conference.

He went further to explain his reasoning for handing down the recommendation, citing the fact that he believed the brothers have served their time.

Menendez Brothers Resentencing
Los Angeles County District Attorney George Gascón announces his decision on a possible resentencing recommendation for Erik and Lyle Menendez watched by the family members Diane Hernandez (niece of Kitty Menendez), Joan VanderMolen (sister of Kitty Menendez) and Arnold VanderMolen (nephew of Kitty Menendez) on October 24, 2024. (Credit: Apu Gomes/Getty Images)
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Speaking about Lyle and Erik Menendez’s history of good behaviour in prison, Gascón said: “It’s more unique, or less usual i guess, when people not only do that but they also begin to engage in ways to make life for others better.”

“In this case the brothers have been doing so for a very long time.”

He went on to say that the Menendez brothers resentencing would officially be put forward for consideration before a court and judge, where the fate of Erik and Lyle Menendez will be decided.

“They have been in prison nearly 35 years I believe they have paid their debt to society,” Gascón stated during the press conference. “The system provides a vehicle for their case to be reviewed by a parole board, and then, if parole concurs with my assessment – and it will be their decision – then they will be released accordingly.”

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“We certainly feel very sure not only that the brothers have rehabilitated and that they will be safe to be reintegrated into society, but that they have paid their dues.”

The filing will recommend that the 1996 sentencing of Lyle and Erik – to that of life without the possibility of parole – be changed to 50 years to life – with the possibility of parole.

Gascón went on to explain that laws pertaining to the age of the Menendez brothers when they were originally sentenced (under 26) would enable them to be eligible for parole immediately.

What Happens Next?

Menendez brothers resentencing aunt Joan vandermolen
Joan Andersen VanderMolen, Kitty Menendez’ sister, is hopeful about her nephews’ future. (Credit: Mario Tama/Getty Images)
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“Erik and Lyle Menendez‘s positive transformation, as well as their ability to find meaning and purpose from their current confinement illustrate just how much circumstances have changed since the time they were sentenced to Life Without Parole,” states the petition filed by Los Angeles County District Attorney’s office.

The official paperwork asks the court to resentence the men to 50 years to life on two counts of first-degree murder. Under California law, the brothers would be eligible for youth parole as they were 26 at the time they committed the crime, and have already served a 30 years in prison.

The action is now sitting with Judge William Ryan in the L.A. Superior Court, who will determine whether to agree to Gascón’s petition. If the judge is partial to the argument put forward, then the matter will be forwarded to a parole board which will have final say on whether Lyle and Erik Menendez will walk free.

Lyle and Erik’s aunt Joan VanderMolen has previously spoken out about the abuse the boys suffered at the hands of their father.

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At Thursday’s press conference, she shared her reaction to the petition being filed, calling the Menendez brothers resentencing decision a “brave and compassionate step forward.”

“This decision is not just a legal matter, it is a recognition of the abuse my cousins endured,” she said. “It is time for Lyle and Erik to come home.”

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