Erik and Lyle Menendez’s resentencing hearing has been scheduled for December 11, where a judge will determine if the brothers, who have spent 34 years in prison for the 1989 shotgun murders of their parents in their Beverly Hills home, will have a chance at freedom. This date was decided by Los Angeles County Superior Court Judge Michael Jesic after prosecutors presented a resentencing recommendation last week.
After an initial mistrial due to a hung jury, the Menendez brothers were convicted of killing their parents, Kitty and Jose Menendez, and were sentenced to life in prison without parole. The defense did not deny the killings but argued that the brothers acted in self-defense after years of emotional and sexual abuse by their father. However, much of the abuse evidence was excluded from their second trial.
Los Angeles County District Attorney George Gascón announced that his office recommended a sentence of 50 years to life, which would render the brothers immediately eligible for parole since they were under 26 when they committed the crime. If the judge grants the resentencing, the Menendez brothers will still need approval from a state parole board for their release. California Governor Gavin Newsom would have 150 days to review this decision.
Gascón considered several factors in his recommendation, including the brothers’ rehabilitation efforts in prison. Prosecutors highlighted the brothers’ educational achievements and their contributions to the community, such as Lyle Menendez’s prison beautification initiative.
Family members from multiple generations have called for the brothers’ release, arguing they deserve freedom due to the abuse they suffered. However, not all members of Gascón’s office support his decision, and one of the brothers’ uncles believes they should remain imprisoned. Opponents of resentencing will likely present their arguments to the judge.
The Menendez brothers also have a habeas petition hearing on November 25 to consider new evidence not introduced at their second trial, potentially offering another route to freedom. Additionally, they submitted a clemency request to Governor Newsom earlier this week. Gascón expressed his support for this request and stated that his office had sent letters of endorsement to the governor.
In a recent episode of iHeartRadio’s “Politickin’” podcast, Newsom mentioned that he was reviewing the case. He acknowledged that the Netflix drama “Monsters: Lyle and Erik Menendez Story” had reignited interest in the case, with even his children inquiring about it, and confirmed that his team had analyzed Gascón’s recommendation.