Freedom for the Menendez brothers might come from a surprising source. And this could be next

The Menendez brothers’ case has been a point of public interest for over three decades. In March 1990, they were charged and later convicted on two counts: the murder of their father, Jose Menendez, and the murder of their mother, Kitty Menendez, both occurring in 1989.  

As one of the most highly watched cases at the time, viewers saw Erik and Lyle Menendez sentenced to life in prison without the possibility of parole. Now, in 2024, their names have been in the spotlight once again, amidst a Netflix documentary and a fictional retelling of their crimes and subsequent sentencing.  

Following these streaming releases, on Thursday, October 24, 2024, their real-life story made headlines in real-time as Los Angeles District Attorney George Gascon filed a motion for resentencing for the siblings.  

MENENDEZ BROTHERS ASK CALIFORNIA GOV. NEWSOM FOR CLEMENCY

This filing and announcement came after a review of allegedly new evidence defense attorneys presented regarding the abuse by their father, in addition to current California law. Though Gascon has said there’s a split opinion in his office regarding whether or not the brothers’ current sentencing should stand, a hearing is imminent within the next few weeks. 

Youthful parole under California law 

Because the crimes happened when the brothers were younger than 26 years old, they would be eligible for resentencing per California AB1104, which was passed on October 8, 2023. The legislation stipulates:  

“…the court may also resentence the defendant to a term that is less than the initial sentencing if any of the following were a contributing factor in the commission of the alleged offense: 

(A) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. 

(B) The person is a youth, or was a youth as defined under subdivision (b) of Section 1016.7 at the time of the commission of the offense. 

(C) Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.” 

At the time of their original sentencing, the brothers did not deny killing their parents but argued they acted in self-defense after a lifetime of enduring physical and sexual abuse by their father.  

The first trial was televised and ended in a mistrial after jurors couldn’t agree upon a unanimous decision of whether the brothers should be charged with voluntary manslaughter or first-degree murder.  

In the second trial, important defense evidence about the alleged sexual abuse was excluded, which may have led to a different outcome altogether.  

Habeas corpus petition presents new evidence 

A habeas corpus petition was filed in May 2023, in the Los Angeles Superior Court by defense attorneys Mark Geragos and Cliff Gardner which introduced allegedly new defense evidence, including a letter Erik Menendez wrote to his cousin, Andy Cano in December 1998, detailing months of abuse by his father.  

Also included in the petition is “testimony of family members, close friends, and a variety of coaches and teachers, who at the first trial described numerous incidents of physical and psychological abuse they witnessed Lyle and Erik suffer at the hands of their parents.” 

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In addition to these updates, Gascon’s motion laid out the brothers’ rehabilitation efforts in prison, commenting on their “work ethic, professionalism, and being significant contributors to the better of the community they live in.”  

Gascon’s Request for Recall and Resentencing states, “The People respectfully request this court recall Defendants’ sentence and resentence them pursuant to Penal Code section 1172.1” per the Defendants’ demonstration of “exceptional post-conviction conduct” to lessen their sentence to life with the possibility of parole. 

At the time of their original sentencing, the brothers did not deny killing their parents but argued they acted in self-defense after a lifetime of enduring physical and sexual abuse by their father.  

The legal road ahead 

The hope is the petition for resentencing will go before a judge within the next 30 to 45 days. However, this filing is the first step in several hurdles that must be passed before a resentencing could happen. Once a hearing is set, the defense will decide whether the brothers will be physically present at the proceedings or if they will appear virtually. Los Angeles Superior Court Judge William Ryan will review the case and make a ruling on the matter.  

If Judge Ryan grants the petition, the decision goes before the state parole board before a final appearance before Democratic California Governor Gavin Newsom. Under the California Constitution, the governor has the authority to block the parole board’s decision if he determines there is an “unreasonable risk to the public.”  

This review process can take up to 150 days following a parole board’s hearing. Though this filing by the district attorney has led to hope for Menendez brother supporters, they may be premature in their expectations of having them released and home by Thanksgiving. 

Regardless, it’s a surprising development in a case that has captured the attention of the American public for 34 years and is another example of what could be a win for those fighting for restorative justice and prison reform. 

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