Menendez brothers are ‘cautiously optimistic’ they’ll be released, lawyer says

The legal professional for Lyle and Erik Menendez stated he thinks the brothers are “cautiously optimistic that they will see some actual aid” after the Los Angeles County district legal professional introduced he is recommending resentencing.

District Legal professional George Gascón stated he really helpful in a court docket submitting on Friday that the brothers’ sentence of life with out the potential of parole be eliminated, and they need to as a substitute be sentenced for homicide, which might be a sentence of fifty years to life. Due to the brothers’ ages — they each have been beneath 26 on the time of the crimes — they’d be eligible for parole instantly, Gascón stated at a Thursday information convention.

The ultimate resentencing resolution can be made by a decide and the parole board should additionally approve, Gascón stated.

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Whereas Gascón stated he hopes to get a court docket listening to on the docket inside the subsequent 30 to 45 days, the brothers’ legal professional, Mark Geragos, stated he thinks there can be a listening to “nicely earlier than that.” Geragos informed ABC Information’ “Good Morning America” that his aim is to have the brothers dwelling for Thanksgiving.

Nevertheless, in line with the California Division of Corrections, the method will take at the very least six months. If an inmate is resentenced to life with the potential of parole, the listening to earlier than the parole board is scheduled for no sooner than six months out, as required by discover provisions and different mandates that should be fulfilled earlier than a listening to, the division stated.

Almost two dozen of the brothers’ relations have been pushing for his or her resentencing.

“It’s thrilling, it’s past phrases,” the brothers’ cousin, Karen VanderMolen, informed “GMA.”

“We’re persevering with to be optimistic that Erik and Lyle can be launched quickly, and best-case situation could be for us to have Erik and Lyle dwelling for the busy week of Thanksgiving,” she stated, which additionally consists of three household birthdays.

“There isn’t any excuse for homicide,” Gascón pressured on the information convention, and he added that he does not “imagine that manslaughter would have been the suitable cost [to request in the resentencing filing] given the premeditation that was concerned.”

Lyle and Erik Menendez have been every sentenced to 2 consecutive phrases of life with out parole after they have been convicted in 1996 of fatally capturing their dad and mom.

Lyle Menendez was 21 and Erik Menendez was 18 once they killed Jose and Kitty Menendez on the household’s Beverly Hills dwelling in 1989. The brothers argued they acted in self-defense after enduring years of sexual abuse by their father; prosecutors alleged they killed their rich dad and mom for monetary acquire.

Gascón stated this month that his workplace was evaluating new proof: allegations from a member of the boy band Menudo who stated he was molested by Jose Menendez, and a letter Erik Menendez wrote to a cousin eight months earlier than the murders detailing his alleged abuse.

Erik Menendez’s cousin testified in regards to the alleged abuse at trial, however Erik Menendez’s letter — which might have corroborated the cousin’s testimony — wasn’t unearthed till a number of years in the past, in line with Geragos.

“I’ve by no means as soon as doubted Erik and Lyle. I imagine them,” the brothers’ cousin, Natascha Leonardo, informed “GMA.” “The brand new proof that has come out simply continues to help our perception.”

One other cousin, Tamara Goodell, added {that a} new swell of help from the general public is because of a youthful era’s understanding that boys and males are additionally victims of sexual abuse, which wasn’t as nicely acknowledged within the Nineteen Nineties.

“This new era is admittedly placing up a struggle to say, ‘This isn’t what ought to’ve been handed to them,'” she stated. “At this level, after nearly 35 years, they’ve served their time. … Now, it is time for them to return dwelling.”

One relative — the brothers’ uncle, Milton Andersen — is adamant about holding them behind bars, although. He stated he firmly believes his nephews weren’t sexually assaulted and have been motivated by greed.

“The jury’s verdict was simply, and the punishment suits the heinous crime,” he stated in an announcement.

Gascón informed ABC Information this month that any advice for resentencing would have in mind the a long time the brothers already served and their habits in jail.

The brothers made a constructive influence whereas incarcerated, regardless of “no hopes of ever getting out of jail,” Gascón stated. They centered on “creating teams to cope with handle untreated trauma, creating teams to cope with different inmates which have bodily disabilities and could also be handled in another way. Even in a single case, Lyle negotiating for different inmates as to the situations that they dwell beneath,” he stated.

Geragos stated Lyle Menendez acquired a school diploma behind bars whereas Erik Menendez gives hospice care to inmates.

“They’ve executed nice issues whereas in jail. I don’t see something that’s going to cease them from persevering with that work as soon as they’re out,” Geragos stated.

ABC Information’ Alex Stone contributed to this report.