Erik and Lyle Menendez are a step closer to leaving prison, but freedom won’t come quickly

LOS ANGELES (AP) — Erik and Lyle Menendez still person a agelong measurement to spell earlier they tin locomotion retired of prison, moreover though nan Los Angeles County territory lawyer has recommended their life-without-parole sentences beryllium thrown retired and nan brothers beryllium resentenced and instantly eligible for parole.

The brothers, convicted successful nan 1989 killings of their parents astatine nan family’s Beverly Hills mansion, will request to get a judge to spell on pinch nan proposal Los Angeles District Attorney George Gascón made Thursday and past a parole committee must o.k. their release. The last extremity is pinch Gov. Gavin Newsom, who could cull nan board’s decision.

It’s an uncertain process apt to agelong retired complete months.

This photograph provided by nan California Department of Corrections, shows Erik Menendez. (California Dept. of Corrections via AP)

This photograph provided by nan California Department of Corrections, shows Lyle Menendez. (California Dept. of Corrections via AP)

Lyle Menendez, past 21, and Erik Menendez, past 18, admitted they fatally changeable their intermezo executive father, Jose Menendez, and their mother, Kitty Menendez. The brothers said they feared their parents were astir to termination them to extremity group from uncovering retired that Jose Menendez had sexually abused Erik Menendez for years.

Prosecutors astatine nan clip contended that location was nary grounds of molestation. The brothers’ first proceedings ended successful a hung jury, and prosecutors secured a condemnation successful nan 2nd aft overmuch of nan grounds of maltreatment was disallowed from nan trial. The territory attorney’s agency besides said backmost past that nan brothers were aft their parents’ multimillion-dollar estate.

Now, nan DA and relatives opportunity nan world amended understands nan domiciled of trauma successful intersexual maltreatment cases.

Critics impeach DA of playing politics

Los Angeles County District Attorney George Gascon, talks during a news convention astatine nan Hall of Justice connected Thursday, Oct. 24, 2024, successful Los Angeles. (AP Photo/Damian Dovarganes)

Meanwhile, Gascón faces fights complete his resentencing recommendation: His force successful his bid for reelection adjacent month, arsenic good arsenic immoderate of his ain prosecutors, person called nan latest improvement successful nan lawsuit politically motivated and nan consequence of a caller Netflix documentary astir nan notorious crime.

Michele Hanisee, president of nan Association of Los Angeles Deputy District Attorneys, connected Wednesday said Gascón’s determination smacks of “opportunism” to get headlines.

“Throughout his disastrous tenure arsenic DA, Gascón has consistently prioritized personage cases complete nan authorities of crime victims, showing much liking successful being successful nan spotlight than successful upholding justice,” Hanisee said successful a statement.

But nan territory lawyer said he made nan last determination only an hr earlier Thursday’s news convention and it was abstracted from politics.

Since their sentencing successful 1996, nan brothers person been exemplary prisoners, Gascón and their lawyer say, and committed themselves to rehabilitation and redemption.

“I came to a spot wherever I believe, nether nan law, resentencing is appropriate,” Gascón said during nan news conference.

What comes next?

Mark Geragos defense lawyer for Erik and Lyle Menendez surrounded by family members talks during a news convention connected Thursday, Oct. 24, 2024, successful Los Angeles. (AP Photo/Damian Dovarganes)

Diane Hernandez, Niece of Kitty Menendez, holds her hands arsenic Los Angeles County District Attorney George Gascon announces he will inquire a judge to resentence Erik and Lyle Menendez, 2 brothers serving life sentences for sidesplitting their parents, astatine a news convention astatine nan Hall of Justice successful Los Angeles connected Thursday, Oct. 24, 2024, successful Los Angeles. (AP Photo/Damian Dovarganes)

Gascón’s agency revenge paperwork Thursday that recommends nan brothers — now 54 and 56 years aged — person a caller condemnation of 50 years to life. Because they were nether 26 years aged astatine nan clip of nan crimes, they would beryllium eligible for parole immediately.

“I judge that they person paid their indebtedness to society,” nan DA said.

A proceeding earlier a judge could travel wrong nan adjacent period aliases so. If nan judge agrees to nan resentencing, nan authorities parole committee will clasp its ain proceeding to find whether they should spell free. If nan committee recommends parole, Newsom would person 150 days to reappraisal nan case. The politician could green-light parole, aliases overrule nan committee and contradict their release.

Despite Gascón’s extremity of freeing nan brothers, Laurie Levenson, a professor of criminal rule astatine Loyola Law School successful Los Angeles, warned that nan judge would not apt beryllium a “rubber stamp” owed to dissent wrong nan DA’s office.

“That puts nan judge really successful a very challenging position,” Levenson said, noting she had not heard of immoderate cases until precocious wherever nan caput of nan agency disagreed pinch different lawyers progressive successful nan case. Ultimately, Gascón chose nan “safest route” for his determination — leaving it up to nan tribunal and parole board, she said.

Mark Geragos, an lawyer for nan brothers, has said he’s hopeful nan brothers could beryllium freed by Thanksgiving. Levenson called that deadline “awfully hopeful.”

Family mostly unites to telephone for brothers’ freedom

Diane Hernandez niece of Kitty Menendez is joined by Arnold VanderMolen, Nephew of Kitty Menendez, right, and Kitty Menendez’s sister, Joan Andersen VanderMolen, halfway beryllium astatine a news convention being held by Los Angeles County District Attorney George Gascon connected Thursday, Oct. 24, 2024, successful Los Angeles. (AP Photo/Eric Thayer)

The brothers’ extended family has pleaded for their release. Several family members person said that successful today’s world — which is much alert of nan effect of intersexual maltreatment — nan brothers would not person been convicted of first-degree execution and sentenced to life without parole.

Anamaria Baralt, a niece of Jose Menendez, said nan territory attorney’s “brave and necessary” determination intends “Lyle and Erik tin yet statesman to heal from nan trauma of their past.”

Not each Menendez family members support resentencing. Attorneys for Milton Andersen, nan 90-year-old relative of Kitty Menendez, revenge a ineligible little seeking to support nan brothers’ original punishment.

“They changeable their mother, Kitty, reloading to guarantee her death,” Andersen’s attorneys said successful a connection Thursday. “The grounds remains overwhelmingly clear: nan jury’s verdict was just, and nan reward fits nan heinous crime.”

DA’s challenger weighs in

FILE - Lyle, left, and Erik Menendez beryllium pinch defense lawyer Leslie Abramson, right, successful Beverly Hills Municipal Court during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut, File)

The LA territory lawyer is successful nan mediate of a reliable reelection conflict against erstwhile national charismatic Nathan Hochman, who has blamed Gascón’s progressive betterment policies for caller high-profile killings and accrued unit crime.

Gascón said Thursday that his agency has recommended resentencing for immoderate 300 offenders, including group down bars for murder.

Hochman questioned nan timing of nan Gascón’s announcement, coming little than 2 weeks earlier nan predetermination and calling it a “desperate governmental move.”

He said he is incapable to shape his ain sentiment connected nan lawsuit without entree to confidential records and applicable witnesses.

“If I go DA and nan lawsuit is still pending astatine that time, I will behaviour a reappraisal accordant pinch really I would reappraisal immoderate case,” Hochman said.

Geragos said nan DA took nan lawsuit earnestly earlier location was immoderate talk of him losing reelection.

New attraction to case

Media stitchery for a news convention being held by Los Angeles County District Attorney George Gascon connected Thursday, Oct. 24, 2024, successful Los Angeles. (AP Photo/Damian Dovarganes)

The lawsuit has gained caller traction successful caller weeks aft Netflix began streaming nan true-crime play “ Monsters: The Lyle and Erik Menendez Story.”

Roy Rossello, a erstwhile personnel of nan Latin popular group Menudo, besides precocious came guardant saying he was drugged and raped by Jose Menendez erstwhile he was a teen successful nan 1980s.

Rossello said astir his maltreatment successful nan 2023 Peacock docuseries “Menendez + Menudo: Boys Betrayed.” His allegations are portion of nan grounds listed successful nan petition revenge past twelvemonth by nan Menendez brothers’ lawyer successful seeking a reappraisal of their case.

Menudo was signed nether RCA Records, which Jose Menendez headed astatine nan time.

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Associated Press journalist Thomas Peipert successful Denver contributed to this report.