California prosecutor supports parole for Menendez brothers

Los Angeles District Attorney George Gascón recommended the Los Angeles Superior Court re-sentence Erik and Lyle Menendez, effectively making the brothers eligible for parole. After nearly 35 years behind bars, the pair have paid their debt to society, Gascón said Thursday. The brothers received life in prison without parole in 1996 after being convicted of killing their parents, Jose and Kitty Menendez, in 1989. Erik and Lyle fatally shot their parents after years of pervasive sexual abuse, the brothers alleged. Two very young people committed these horrible acts, one 19 years old, and the other 21, Gascón said. There is no excuse for murder and the right path for abuse victims is to seek help, but the brothers have been rehabilitated and are certainly safe to re-enter society, Gascón stated.

If they were abused, why wasn’t that proven in the trial? Defense attorneys presented evidence of abuse during Erik and Lyle’s first trials and argued they should receive manslaughter. Both brother’s juries failed to reach a verdict, resulting in mistrials. The brothers were re-tried in 1995 where prosecutors alleged the pair faked the abuse allegations, according to a release from the Los Angeles District Attorney’s office. A jury convicted the pair of first-degree murder.

Will the brothers be released? Gascón planned to file the resentencing recommendation Friday, after which a Los Angeles Superior Court judge would rule whether to resentence. It is unclear when the decision will be made or how the judge will rule. Gascón recommended the court remove the original life without parole sentence, allowing the brothers a range of sentences from 50 years to life in prison. Given the pair were under 26 when committing the crimes, they would be eligible for parole immediately, Gascón explained.