Erik and Lyle Menendez should be resentenced with parole, says prosecutor

Two brothers who have been convicted of murdering their dad and mom in a case that shook America greater than three many years in the past are a step nearer to being launched on parole.

A Los Angeles County district lawyer has beneficial that Erik and Lyle Menendez be resentenced by a decide as a result of new proof merited a evaluation.

The 1989 murders of Kitty and Jose Menendez of their Beverly Hills mansion have gripped the US for years, just lately inspiring a preferred Netflix sequence.

For the brothers to achieve their freedom, a decide must agree with the advice after which a parole board approve their launch.

Erik Menendez, 53, and Lyle Menendez, 56, are at the moment serving life in jail with out risk of parole in California.

The case centred on their motive within the murders, during which their dad and mom have been shot 13 occasions as they watched tv.

“I imagine the brothers have been topic to an incredible quantity of dysfunction of their dwelling and molestation,” mentioned George Gascón, LA County’s prime prosecutor, on Thursday.

He added that, whereas there isn’t any excuse for homicide, “I imagine they’ve paid their debt to society”.

Throughout their legal trials within the Nineties, prosecutors painted the brothers as wealthy youngsters who methodically deliberate the murders to achieve entry to their dad and mom’ 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 Eighties Puerto Rican boy band Menudo. The band member alleged Jose Menendez, who labored as an government 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 dad and mom’ our bodies after returning dwelling.

Mr Gascón mentioned his workplace plans to file a re-sentencing suggestion in court docket on Friday. It’s going to comprise particulars and proof arguing for a lesser sentence.

A listening to can be scheduled 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 more likely to be divisive.

Mr Gascón famous that members of his employees would possibly argue towards him in court docket.

Kitty Menendez’s brother, Milton Andersen, has accused the district lawyer of taking part in politics.

If the parole board approves their launch, California Gov Gavin Newsom may nonetheless reject it.

The Menendez brothers filed a movement in Might 2023 detailing the brand new proof of their case and asking that their convictions be vacated.

The choice was introduced 12 days earlier than Mr Gascón faces a tricky re-election however he denied his announcement was political and mentioned it was a very long time coming.

“It is actually the right storm of PR and politics,” Neama Rahmani, a legal defence lawyer and former federal prosecutor, informed the BBC.

“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 big improper” on her Instagram story on Thursday.

She mentioned the case “highlights the significance of difficult choices and looking for reality”.

Jose and Kitty Menendez have been discovered lifeless inside their Beverly Hills mansion after being shot 13 occasions in August 1989.

Their sons – Erik and Lyle – referred to as police, telling authorities that they had received dwelling and located their dad and mom lifeless.

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 – lavish spending sprees together with shopping for Rolex watches, and 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.

They outlined years of emotional, bodily and sexual abuse – particularly by their father, Jose, who had gone on to be a movie government in Hollywood.

Lyle and Erik testified they confronted their dad and mom in regards to the sexual abuse and issues had turn out to be combative they usually believed their dad and mom have been planning to kill them.

Members of the family testified about abuse they witnessed however none mentioned they noticed sexual abuse firsthand.

Prosecutors argued their motive was cash – particularly their dad and mom’ $14m (£10.8m) fortune.

They painted the brothers as spoiled sons who thought they may 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.