LA DA Gascon Calls For Resentencing Menendez Brothers

Los Angeles District Attorney George Gascon announced on Thursday that his office is reviewing the case of Lyle and Erik Menendez, who are currently serving life without parole for their parents’ murders in 1989.

The brothers were both convicted in 1996 for killing their parents, Jose and Kitty Menendez, and attorneys claimed during their widely watched trial that they had killed their parents in self-defense following years of physical, sexual and emotional abuse.

Despite the emotional testimony and family members corroborating the abuse allegations, prosecutors argued that the privileged young men killed their parents because they feared being cut off financially.

Gascon, who is currently up for reelection, said his office is reviewing evidence in the case. A hearing is scheduled for Nov. 29 on the brothers’ petition to have their conviction vacated due to new evidence, and separately, their attorneys have asked for them to be resentenced.

“I’m not leaning in any direction right now, I’m keeping an open mind,” Gascon said at Thursday’s press conference.

The brothers’ case has recently received new attention in the courts and in pop culture.

In 2023, the Peacock docuseries, “Menendez + Menudo: Boys Betrayed” included the bombshell revelation by former boy band member Roy Rosselló that he had been raped by Jose Menendez, who was a record company executive.

Attorneys for the Menendez brothers called for a judge to consider that new evidence as well as a letter by Erik Menendez that suggested long-term sexual abuse by his father, the Los Angeles Times reported. If it had been presented to a jury, the evidence could have challenged prosecutors’ arguments at trial that the murders were motivated by money, the defense attorney argued.

“The shootings were not murder but manslaughter, committed out of an honest though unreasonable belief in the need for self-defense after a lifetime of sexual and physical abuse,” the defense motion said.

The district attorney’s office said it will file its response to the defense motion by Nov. 26.

Last month, Ryan Murphy’s Netflix drama series “Monsters: The Lyle and Erik Menendez Story” also brought new attention to the case. Its release inspired Kim Kardashian to meet with the brothers when she visited the San Diego prison where they are housed as part of a series of trips she’s made to California prisons. The reality star, who’s studying for the bar, has also pursued criminal justice reform work with film producer Scott Budnick, founder of the Anti-Recidivism Coalition.

In a personal essay to NBC News advocating for the brothers’ freedom, Kardashian described her time with Lyle and Erik Menendez as “kind, intelligent, and honest men” and “not monsters.” She detailed the various issues with their trial, including the limited evidence allowed in court of the abuse and the public misperceptions in the 1990s about male victims.

“They have earned multiple college degrees, worked as caregivers for elderly incarcerated individuals in hospice, and been mentors in college programs — committed to giving back to others,” Kardashian said.

Budnick told HuffPost last week that though the Netflix series fairly portrayed the brothers as arrogant rich kids at the time of the crimes, they are different men today.

“They’re so accountable and responsible, and they own the crime 100%. There’s nothing that resembles that today at all,” Budnick said. “They’re the most humble, giving, kind, always giving back, helping people, tutoring people, mentoring people.”