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After 34 years in prison, the Menendez Brothers may be resentenced. In a public announcement on October 24, 2024, the Los Angeles County District Attorney's Office stated that DA George Gascón declared his decision to recommend resentencing the Menendez brothers.
This decision was based on the detailed record of rehabilitation and changed legal perspectives on the nature of trauma. Convicted of the murder of their parents, Jose and Kitty Menendez, in 1989, the Menendez Brothers were sentenced to life in prison without parole in 1996.
Their case is scheduled to go before a Los Angeles Superior Court judge. No date has been set for this hearing. Resentencing, as proposed by the DA's office, is to accentuate the importance of realizing rehabilitation and trauma-related factors in long-term cases when considering imprisonment.
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With this recommendation, the court shall consider new evidence and good behavior on the part of the brothers while in custody to determine whether a release should be done.
More about the resentencing of the Menendez Brothers
DA Gascón created the Resentencing Unit in 2021 to address overincarceration through changing laws and new policies in trauma-informed sentencing practices. The Menendez brothers' legal team recently presented evidence of their rehabilitation efforts, including prison records and support letters from the public and prison officials.
DA Gascón stated that factors, including scientific findings on the psychology of youth and the impact of trauma, justify reconsidering the sentence of the Menendez brothers. District Attorney Gascón said,
“Today, as we move forward with the resentencing of Erik and Lyle Menendez who have spent 35 years behind bars after being convicted in 1996 for the killing of their parents, Jose and Kitty Menendez, we must acknowledge the deep pain and suffering experienced by the victims' families.”
He added,
“For decades, they have navigated the grief of their unimaginable loss. We also acknowledge Erik and Lyle’s continuous rehabilitative efforts during their incarceration.”
Since 2021, the DA's Resentencing Unit has recommended over 300 resentencings, considering both specific circumstances of the crime and individual behavior and rehabilitation behind bars.
Factors weighed in the resentencing process
The DA's office considered several factors while recommending the resentencing of the Menendez brothers. The brothers were young when they committed the crime—21 years for Lyle and 18 years for Erik. According to a report by the Human Rights Watch, young adults are not mentally mature, a condition that makes them make impulsive decisions based on short-term impacts without realizing long-term consequences.
The Resentencing Unit also accounted for the existence of pre-crime trauma evidence in the form of abuse allegations, which first emerged during their original trial in 1993. The DA moved these allegations out of their second trial, but they once again resurface in the habeas corpus petition and the brothers' appeal for resentencing. The DA said,
“Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence.”
He added,
“We recognize that it is a widespread issue impacting individuals of all gender identities, and we remain steadfast in our commitment to support all victims as they navigate the long-lasting effects of such trauma.”
The DA's office also examined the brothers’ rehabilitation efforts over the last 34 years of imprisonment. These records could include involvement in educational programs, acknowledgment of offenses, and mentoring of other offenders.
From these actions, the DA concluded that the principles of justice cannot be left to long imprisonment. From different resentencing recommendations by the DA office, the courts now take trauma and rehabilitation before making a verdict on one's current potential for release.
What happens next?
It will now be up to a judge in the Los Angeles Superior Court to make the final determination of resentencing. That judge will review all the evidence that the DA's office and the defense will present. The judge may approve the resentencing and try to determine when either of the brothers should be released.
Alternatively, the judge could propose a modified sentence that would leave them incarcerated but with potentially more privileges than they have available to them now. Even if the court denies the resentencing, the two brothers still have the pending habeas corpus petition filed in May 2023.
The petition is based upon the grounds that newly discovered evidence shows that allegations of abuse, not adequately considered during the time of trial, would support the applicants’ conviction. The DA’s office will respond to the said petition by November 26 after perusing the files of this court and cross-examining the testimony of witnesses and all other available evidence.
For more details on the case of Lyle and Erik Menendez, stream the Netflix documentary Monsters: The Lyle and Erik Menendez Story and The Menendez Brothers.
