Menendez re-sentencing: Brothers who murdered parents could be released


Menendez re-sentencing: Brothers who murdered parents could be released

Two brothers who murdered their parents could be released following decades in prison after being recommended for re-sentencing.

Lyle and Erik Menendez were given two consecutive life sentences without the possibility of parole when they were convicted of shooting their parents in their Beverly Hills mansion in 1989.

However, the court did not consider their claim of suffering sexual abuse at the hands of their father, and new evidence appearing to back up that allegation has prompted a public outcry about the case.

George Gascón, the Los Angeles County district attorney, said on Thursday that he would recommend that the brothers be re-sentenced for murder with the possibility of parole, paving the way for their immediate release.

"Because of their age under the law, since they were under 26 years of age at the time that these crimes occurred, they will be eligible for parole immediately," he told a press conference.

The final decision will be made by a judge, who will rule on whether to accept the district attorney's recommendation.

Mr Gascón said he believed the brothers' claims that they were molested by their parents, adding: "Our own implicit and sometimes explicit bias around sexual abuse and sexual assault often leads us to severe injustices."

He said the pair had undergone a "journey of redemption and a journey of rehabilitation" during their 35 years in prison.

"While I disagree of the way they handled their abuse, we hope that they... get re-integrated into our community that they continue to do public good," he said.

The prosecutor told reporters that he did not believe it would have been appropriate to charge them with manslaughter given the level of premeditation involved in the killings. Erik and Lyle Menendez "clearly" committed murder, he said.

Interest in the brothers' case has been revived by a recent Netflix documentary and drama series, and their cause has been taken up by celebrities including Kim Kardashian.

Their supporters claim they acted in self-defence because their father, Jose, had sexually abused them for years while their mother, Kitty, turned a blind eye.

Thanks for following our live updates from the Los Angeles DA's press conference. This live blog is now closed.

George Gascón is asked if he has a message for Lyle and Erik Menendez.

"We appreciate what they did while they were in prison," he answers.

"While I disagree of the way they handled their abuse, we hope that they... get re-integrated into our community that they continue to do public good."

George Gascón says he does not believe it would have been appropriate to seek to re-sentence the brothers for manslaughter given the "premeditation that was involved". The brothers "clearly" committed murder, he says.

"We're seeking that they would be sentenced to life with the possibility of parole, as opposed to life without the possibility of parole," George Gascón clarifies.

The brothers will be eligible for youthful parole because of their age when they murdered their parents in 1989.

"Often for cultural reasons, we don't believe victims of sexual assault," he adds.

"It's salient to implicit that our own implicit and sometimes explicit bias around sexual abuse and sexual assault often leads us to severe injustices in our community."

George Gascón says the Menendez brothers engaged in a "journey of redemption and a journey of rehabilitation" in prison.

"All this was done by two young people that had no hopes of ever getting out of prison," he says.

"They have been in prison for nearly 35 years. I believe that they have paid their debt to society and the system provides a vehicle for their case to be reviewed by a parole board."

Mr Gascón continues: "The final decision will be made by the judge the court has to agree with my conclusion that they deserve to be re-sentenced.

"It is very possible that there will be members of this office who will be present in court opposing their re-sentencing. And they have a right to do so."

"When you look at the case of the Menendez brothers you see some very young people... when they committed these horrible acts - and I want to underline these were horrible acts," George Gascón says.

"There is no excuse for murder. And I will never imply that what we're doing here is to excuse that behaviour."

Mr Gascón adds that he believes the brothers underwent "dysfunction in the home and molestation".

George Gascón is going to recommend the resentencing of the brothers tomorrow.

"Because of their age under the law, since they were under 26 years of age at the time that these crimes occurred they will be eligible for parole immediately," he says.

"This is a case where we've had many people in this office spend a great deal of time reviewing the case," George Gascón says.

"We don't have a universal agreement - we have people in the office that strongly believe that Menendez brothers should stay in prison the rest of their life."

He says: "We are going to recommend to the court that the life without the possibility of parole be removed and that they will be sentenced for murder."

George Gascón is at the podium and about to speak. The press conference has now begun.

The announcement on whether the Menendez brothers will be resentenced should be just minutes away, with the press conference scheduled for 4:30pm EDT.

George Gascón said earlier this month that his office was reviewing the Menendez brothers' case after being handed new evidence.

"We have been given a photocopy of a letter that allegedly was sent by one of the brothers to another family member, talking about him being the victim of molestation," he said three weeks ago.

Erik Menendez is alleged to have written to his cousin eight months before the murders in which he described being abused at the hands of his father.

Monsters: The Lyle and Erik Menendez Story, the recent Netflix drama series, has captivated just as much audience attention in recent weeks as the real-life case did 35 years ago.

It was in 1989 that Lyle and Erik Menendez killed both their parents, shooting them repeatedly at their family home in Beverly Hills.

The pair were later found guilty of murder after a lengthy televised trial. In the recent Netflix drama, their story is told from various perspectives, with a whole host of possible motives examined.

Initially, the show portrays the brothers as vapid Los Angeles rich kids, so spoilt and devoid of empathy that killing their parents appears as little more than an amusing distraction.

But as the story unfolds, we learn the brothers are victims of lifelong mental and sexual abuse by their overbearing father, José.

Read the full article from Sam Delaney here.

George Gascón, the Los Angeles county district attorney, will make his recommendation on whether the Menendez brothers should be released at 4:30pm EDT.

He has previously said the brothers should not serve their full life sentences, telling ABC News: "Given the totality of the circumstances, I don't think they deserve to be in prison until they die."

Hello and welcome to the live blog. Benedict Smith here. We'll be bringing you the latest updates on whether the Menendez brothers will be recommended for release.

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