Erik and Lyle Menendez – two brothers convicted of murdering their mother and father in a case that shook America greater than three many years in the past – must be resentenced by a decide and launched on parole, the Los Angeles County district legal professional has advisable.
The 1989 murders of Kitty and Jose Menendez of their Beverly Hills mansion have gripped the US for years and not too long ago impressed a well-liked Netflix sequence.
The case centred on Erik and Lyle Menendez’s motive within the murders, during which their mother and father have been shot 13 instances as they watched tv.
George Gascón, LA County’s high prosecutor, introduced on Thursday that new proof within the case merited a overview of their life sentences.
Erik Menendez, 53, and Lyle Menendez, 56, are at present serving life in jail with out chance of parole in California.
There’s a lengthy highway forward earlier than the brothers probably stroll free.
A decide can have the ultimate say over whether or not the brothers must be re-sentenced and a parole board must study whether or not they need to be launched from jail after serving greater than 30 years.
The pair didn’t obtain discover of Mr Gascón’s resolution prematurely, nor did members of the Menendez household.
“I consider the brothers have been topic to an incredible quantity of dysfunction of their dwelling and molestation,” Mr Gascón mentioned.
He added that, whereas there isn’t a excuse for homicide, “I consider they’ve paid their debt to society”.
Throughout their prison trials within the Nineties, prosecutors painted the brothers as wealthy youngsters who methodically deliberate the murders to realize entry to their mother and father’ fortune.
However their defence attorneys argued the brothers have been victims of years of emotional, bodily and sexual abuse and solely acted out of self-defence.
The announcement by Mr Gascón – who’s going through a tricky re-election battle – follows new proof within the case referring to claims of sexual abuse.
One new piece of proof was a letter from Erik Menendez to a different member of the family that seems to be from 1988 and particulars the alleged abuse by his father, Jose.
The opposite proof got here from a then-underage member of the Nineteen Eighties Puerto Rican boy band Menudo. The band member alleged Jose Menendez, who labored as an govt at report firm RCA on the time, drugged and raped him throughout a go to to Menendez’s dwelling.
The case began on 20 August 1989 when the brothers – then aged 18 and 21 – referred to as police and reported discovering their mother and father’ our bodies after returning dwelling.
What’s subsequent? Will the Menendez brothers stroll free?
Mr Gascón mentioned his workplace plans to file a re-sentencing suggestion in court docket on Friday. It can include particulars and proof arguing for a lesser sentence.
A listening to shall be scheduled, which officers hope to schedule within the subsequent 30-45 days, the place a decide will weigh in and listen to arguments about their launch. The brothers may very well be in attendance, too.
The listening to is prone to be divisive. Mr Gascón famous this case has divided his workplace and members of his workers may argue in opposition to him in court docket. At the very least one member of the Menendez household, Kitty Menendez’s brother, Milton Andersen, has additionally harshly criticized the district legal professional of taking part in politics with a case when he “has already endured the unimaginable lack of his sister”.
He mentioned the advice, if authorised by a decide, permits the potential of parole attributable to each California regulation and the brothers’ ages on the time of the crimes. A parole board must study the case and the rehabilitation of the brothers – and if the board approves their launch, California Gov Gavin Newsom may nonetheless reject it.
There’s a listening to scheduled within the case on 26 November however the district legal professional’s workplace hopes to schedule a brand new listening to to debate the re-sentencing suggestion.
The Menendez brothers filed a movement in Might 2023 detailing the brand new proof of their case and asking their convictions be vacated. Mr Gascón mentioned his workplace had been reviewing the case for greater than a 12 months, however he mentioned he made the choice Thursday, solely an hour earlier than holding a extremely publicised information convention on the landmark case.
The choice was introduced 12 days earlier than Election Day, the place Mr Gascón is going through a tricky re-election and is down by 30 factors in some polls. He denied his announcement was political and mentioned it was a long-time coming.
Neama Rahmani, a prison defence legal professional and former federal prosecutor, instructed BBC Information he’d by no means seen something like this in his profession.
“It is actually the proper storm of PR and politics,” he mentioned, noting the current consideration from celebrities, a Netflix drama sequence on the case and an “embattled” district legal professional vying to stay in workplace. “You are by no means going to see one other case like this. It is a unicorn.”
Kim Kardashian thanked Mr Gascón for “righting a major flawed” on her Instagram story on Thursday. She mentioned the case “highlights the significance of difficult selections and searching for reality”.
What did the Menendez brothers do?
Jose and Kitty Menendez have been discovered useless inside their Beverly Hills mansion after being shot a number of instances in August 1989.
Their sons – Erik and Lyle – referred to as police, telling authorities that they had gotten dwelling and located their mother and father useless.
Authorities, at first, didn’t suspect the brothers. The couple was shot 13 instances with two shotguns. The brutal nature of the crime led authorities to pondering possibly it was a mob hit.
However the brothers began to attract scrutiny with their behaviour – dolling out cash on lavish spending sprees – together with shopping for Rolex watches – playing and partying.
A confession to their psychologist was their undoing. The physician’s girlfriend audio recorded them making the admission and reported it to authorities.
In March 1990, the brothers have been charged by police. They went to trial in 1993 and the brothers admitted to the killings – however argued they acted out of self-defence and feared their mother and father would kill them first.
They outlined years of emotional, bodily and sexual abuse – specifically by their father, Jose – who labored had gone on to be a movie govt in Hollywood.
Lyle and Erik testified they confronted their mother and father in regards to the sexual abuse and issues had change into combative of their family they usually believed their mother and father have been planning to kill them.
Relations testified in regards to the abuse they witnessed – however none mentioned they noticed sexual abuse firsthand.
Prosecutors argued their motive was cash – specifically their mother and father’ $14m (£10.8m) fortune. They outlined their methodical planning, buying two shotguns days earlier than the killings and their spending sprees afterwards. They painted the brothers as spoiled sons who thought they might get away with something.
Their first trial ended with a mistrial, however a second in 1995 led to them to being convicted of first-degree homicide.