Resentencing hearing for Erik and Lyle Menendez in 1989 killings of their parents set for Dec. 11

LOS ANGELES (AP) — Erik and Lyle Menendez’s resentencing proceeding has been group for Dec. 11, erstwhile a judge will determine whether they will person a changeable astatine state aft spending 34 years down bars for nan shotgun killings of their parents successful 1989 astatine their Beverly Hills home.

The day was decided Wednesday by Los Angeles County Superior Court Judge Michael Jesic aft prosecutors submitted a proposal for nan brothers’ resentencing past week. After an first mistrial pinch a hung assemblage for each of nan brothers, they were convicted of sidesplitting their parents, Kitty and Jose Menendez, and sentenced to life without parole successful prison.

The brothers’ attorneys ne'er disputed nan brace killed their parents, but based on that they acted retired of self-defense aft years of affectional and intersexual maltreatment by their father. Much of nan grounds related to maltreatment was excluded from their 2nd trial.

Los Angeles County District Attorney George Gascón said his agency would urge nan brothers beryllium fixed a condemnation of 50 years to life, which would make them instantly eligible for parole since they were nether nan property of 26 erstwhile nan crime was committed.

If nan judge approves nan resentencing, nan brothers will still request a authorities parole committee to assistance their release. California Gov. Gavin Newsom past has 150 days to reappraisal its decision.

Gascón said he took several factors into information erstwhile making his recommendation, including nan brothers’ rehabilitation successful prison. In documents revenge by his office, prosecutors pointed to nan brothers’ acquisition achievements — some person attained respective degrees — and contributions to nan community, specified arsenic a situation beautification programme started by Lyle Menendez.

Multiple generations of family members of Erik and Lyle Menendez person pleaded for nan brothers’ merchandise from prison, saying they merit to beryllium free because they had been “brutalized” and sexually abused by their father.

However, not everyone successful Gascón’s agency agreed pinch his decision. One of nan brothers’ uncles besides wants them to stay successful prison. Those opposed to resentencing will apt person an opportunity to reason their lawsuit successful beforehand of nan judge.

Their attorneys said nan brothers will besides person a proceeding Nov. 25 regarding a habeas petition revenge past twelvemonth that asks nan tribunal to look astatine caller grounds not antecedently introduced astatine their 2nd trial. This could still perchance beryllium different pathway to freedom.

The brothers besides submitted a petition to Newsom for clemency earlier this week. Gascón said Wednesday that he supports nan petition and that his agency has sent letters of support to nan governor.

“They person respectively served 34 years and person continued their educations and worked to create caller programs to support nan rehabilitation of chap inmates,” Gascón said successful a statement.

Newsom mentioned nan lawsuit connected iHeartRadio’s “Politickin’” podcast precocious and said he was reviewing nan matter. He noted that nan Netflix play “ Monsters: Lyle and Erik Menendez Story " had brought attraction to nan case, pinch moreover his kids asking him astir it, and that his squad had examined Gascón’s decision.