This article contains references to sexual abuse.
Prosecutors in the United States have recommended that brothers Lyle and Erik Menendez be re-sentenced for the 1989 murders of their parents, which is expected to lead to their release.
Los Angeles County District Attorney George Gascón said at a news conference on Thursday local time (Friday AEST) that he recommended re-sentencing the brothers, recommending that their life sentences be replaced with a term of 50 years to life. are immediately eligible for parole due to their young age at the time of the murders.
“After a very careful review of all the arguments presented … I came to a point where I believe that, under the law, imposing a sentence is appropriate and I am going to recommend that to a court tomorrow,” Gascón said.
Lyle (left) and Erik Menendez (center) during their first televised trial in 1994, which ended in a hung jury. Source: AFP / Mike Nelson
The Menendez brothers were sentenced in 1996 to life in prison without the possibility of parole. Lyle, then 21, and Erik, then 18, admitted to killing their parents, Jose and Kitty Menendez.
The brothers testified that they were sexually abused by their parents for years and acted in self-defense, while prosecutors claimed they were seeking their parents’ fortune.
“They have been in prison for almost 35 years. I believe they have paid their debt to society,” Gascón said.
But he said other prosecutors within his office opposed their release and could argue for keeping them in jail.
Who are the Menendez brothers?
Erik and Lyle Menendez were jailed after admitting to fatally shooting their father, Jose Menendez, and their mother, Kitty Menendez, on August 20, 1989.
The brothers initially told police that they found their parents dead when they returned home, but eventually admitted to killing their parents and were tried for the murders.
Much of the public interest in the case was due to the motive behind the murders.
Erik and Lyle Menendez in front of their Beverly Hills home in 1989. Source: Getty / Los Angeles Times
In their first trial in 1994, which was televised and ended in a hung jury, the brothers testified that they had been sexually abused by both parents for years and acted in self-defense out of fear that their father would kill them if they revealed the abuse .
However, prosecutors argued that the couple was seeking their parents’ multi-million dollar fortune.
During their second trial, the judge excluded evidence of abuse from their defense. They were convicted in 1996 of first-degree murder and conspiracy to commit murder and sentenced to life in prison without parole, in lieu of the death penalty.
What are the new developments?
At the news conference, Gascón said there was no doubt the brothers had killed their parents, but said new evidence influenced the decision, including a letter Erik Menendez allegedly wrote to a cousin describing the abuse eight months before the murders .
Gascón says that if this evidence had been presented at trial, the jury might have reached a different outcome and the brothers might have been charged with manslaughter instead of murder.
“I truly believe that the brothers faced an enormous amount of dysfunction in the home and abuse,” Gascón said during the news conference.
‘We often don’t believe victims of sexual violence, whether they are women [or] men,” he said.
“[Our] Our own implicit and sometimes explicit biases around sexual abuse and assault often lead us to serious injustices in our community.”
(left to right) Nicholas Alexander Chavez, Chloë Sevigny, Javier Bardem and Cooper Koch in Monsters: The Lyle and Erik Menendez Story. Credit: Netflix
Investigators are also looking into allegations from a member of the 1980s pop band Menudo who said he was abused by Jose Menendez.
Prosecutors added that changing attitudes towards sexual violence had also contributed to the recommendation for recidivism, particularly around ideas that men should not be raped.
“Since the original prosecution, our office has gained a better understanding of the complexities surrounding sexual violence,” he said in a statement.
Gascón said the killings were still “heinous acts”, adding: “There is no excuse for murder.”
Several members of the extended Menendez family attended the news conference, including Kitty Menendez’s sister, Joan Andersen VanderMolen, and the brothers’ cousin Anamaria Baralt, who said it was a “brave and necessary” announcement that will mark a “day of hope’. for the family.
“The decision of the prosecutor reflects the truth that has been hidden for so long,” Baralt said during the press conference.
“This step gives us all hope that the truth can finally be heard and that Lyle and Erik can begin to heal from the trauma of their past.”
Several other family members have called for the brothers’ release, with some noting that people are more aware of the consequences of sexual abuse and that now they would not have been convicted of first-degree murder and sentenced to life in prison.
Not all of Menendez’s family members support the recidivism, with lawyers for Kitty Menendez’s brother Milton Andersen asking the court to uphold the brothers’ original sentence.
“They shot their mother Kitty while she was reloading to ensure her death,” Andersen’s attorneys said in a statement Thursday.
“The evidence remains overwhelmingly clear: the jury’s verdict was fair, and the sentence fits the heinous crime.”
Why is there renewed interest in the case?
The Menendez case has gained popularity in recent weeks following the release of the new Netflix drama Monsters: The Lyle and Erik Menendez Story, which quickly shot to the top of the Netflix streaming chart.
The fictionalized drama stars Javier Bardem, Chloë Sevigny, Nicholas Alexander Chavez and Cooper Koch and is created by Ryan Murphy, who previously created a series about serial killer Jeffrey Dahmer.
The Netflix drama presents the murders of the Menendez brothers from different perspectives and explores what might have driven the brothers to kill their parents.
Erik Menendez criticized the show in a statement his wife Tammi Menendez published on X, calling it “disheartening slander.”
The show’s popularity led to a resurgence of interest online, including a TikTok and social media movement that largely supported Erik and Lyle, leading to petitions calling for their release.
Erik Menendez has previously thanked people for their support, but said he was “concerned” about the TikTok videos.
“I’ve heard about a lot of the videos. I’m sure there are very serious TikTok videos, but I also know there are also videos that aren’t,” he said.
“I am concerned, and I think it is important, that the seriousness of my crime is not minimized or diminished,” Erik said.
Weeks later, Netflix released a separate documentary titled The Menendez Brothers, featuring modern-day interviews with Lyle and Erik Menendez via phone calls from prison.
Gascón says he hopes to have a hearing within the next 30 to 45 days.
Readers seeking support can contact Lifeline crisis support on 13 11 14, Suicide Call Back Service on 1300 659 467 and Kids Helpline on 1800 55 1800 (for young people aged 5 to 25). More information is available at And .
Anyone seeking information or support regarding sexual abuse can contact Bravehearts on 1800 272 831 or Blue Knot on 1300 657 380.
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