A Los Angeles prosecutor said Thursday he is asking the court to re-sentence Erik and Lyle Menendez after serving more than 30 years in prison for killing their parents with a gun, after new evidence emerged indicating they were sexually abused by their father. years.
This proposal suggests that the brothers will be released on amnesty.
“I believe that under the law, retaliation is warranted and I will recommend that in court tomorrow,” Los Angeles County District Attorney George Gascón said at a press conference.
Gascón said he would recommend that their life sentences be commuted to 50 years to life in prison, but they would be eligible for parole because of their youth at the time of the murder.
“I believe they have paid their debt to society,” said Gascón, noting their good behavior in prison.
But he said some prosecutors in his office are contesting their release and may fight an upcoming trial to keep them in prison.
It was not yet clear how long it will take the court to issue a decision.
The Mendez brothers, now 56 and 53, were convicted after the second trial in two highly publicized cases that captivated the United States at the time because of their wealth and privilege as the sons of a record company and entertainment magnate.
Jose Menendez was shot in the back of the head and Kitty Menendez was shot 15 times in their Beverly Hills home. Lyle was 21 and Erik was 18 at the time.
Months of negotiations between prosecutors, defense
A recent Netflix series based on their story has renewed interest in the case, but for more than a year defense lawyers have been debating with prosecutors about whether to impose a sentence or seek a new trial, citing new evidence that supports the brothers' case. it had been molested for years.
In their first case, which was shown on television and ended up in court, the brothers testified that they were sexually abused by both parents for many years in their defense, saying that their father threatened to kill them if they revealed that they were abusing them.
Prosecutors argued that the two wanted their parents' multi-million dollar fortune.
A judge sentenced them in a second trial in Los Angeles County Superior Court that was not televised, but the same judge again spared them the death penalty, opting for life in prison without parole.
Gascón said there is no doubt that the brothers killed their parents, but he cited new evidence, including a letter Erik Menendez allegedly wrote to his cousin eight months before the murder in which he described the torture. If the evidence had been presented at trial, the jury might have reached a different result, he said.
Gascón said he still considers the killings “heinous acts,” adding, “There is no excuse for killing.”
Investigators are also looking into allegations by a member of the 1980s pop group Menudo that he was abused by Jose Menendez. Those allegations were published last year in a Peacock documentary series called Menendez + Menudo: Boys Betrayed.
Gascón also said that he was worried about the comment of a member of the prosecution team at the time that the men could be raped. “Since the beginning of the prosecution … our office has gained a deep understanding of the issues surrounding sexual violence,” he said in a statement.
DA candidate asks timely questions
Earlier, Gascón said he would wait until the court hearing on November 26 to make a decision on the case, but he hastened the decision due to public interest.
He also faces a tough re-election battle against challenger Nathan Hochman on November 5.
Hochman on Thursday questioned the timing of Gascón's announcement, coming less than two weeks before the election and called it a “desperate political move.”
He said he could not form his own opinion about the case without access to confidential records and relevant witnesses.
“If I become DA and the case is still pending at that time, I will do a review that is consistent with how I would review any case,” said Hochman.
Gascón on Thursday denied that politics played a role, saying his office had re-sentenced 332 other convicts as part of his policy to deal with “over-incarceration.”
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