What's next for the Menendez brothers?

Menendez brothers

Menendez Brothers: A Shocking Development in the Controversial Murder Case That Split the Nation

Christal Hayes and Sam Granville

Erik and Lyle Menendez, the two siblings found guilty of killing their parents over thirty years ago, are now closer to gaining their freedom from prison.

The brothers are presently serving life sentences in a California prison, with no chance of being released on parole.

On Friday, the district attorney for Los Angeles County officially proposed a change to the brothers' sentences through a court document, advocating for a reduced sentence for them. If this request is granted, the brothers could qualify for parole.

Although this marks an important milestone in a case that has captured the country's attention, it is merely the beginning of what may be a lengthy process.

Not everyone is pleased at the thought of them possibly getting their freedom back.

Resentencing Request Shares Prison Insights

The district attorney's office submitted a 57-page court motion, which was acquired by BBC News. This document outlines a timeline of the case, presents reasons for why the Menendez brothers should face a new sentencing, and provides information about their time in prison.

The application comes with strong endorsements from prison staff, along with details about the initiatives the brothers initiated while incarcerated to assist fellow inmates. These programs focused on helping those who experienced childhood trauma, as well as supporting disabled or elderly prisoners. Additionally, it highlights the educational credentials that both brothers earned during their time in prison.

The report emphasizes that everything was carried out "without any anticipation or desire of ever being set free."

The blog section discusses the 30-year disciplinary records of Erik Menendez and Lyle Menendez. Both brothers were noted for having a cellphone while in a shared cell with other inmates.

Erik Menendez faced multiple infractions, including involvement in two altercations in 2011 and 1997.

It is mentioned that Lyle Menendez was never reported for any altercations and was transferred from the general population to the "special needs" section of the prison in 1997 because "he didn’t defend himself when confronted." He received two disciplinary reports for having contraband: one for possessing a lighter in 2013 and another for a new pair of Adidas sneakers that a "female visitor had given him" in 1998.

According to the document, while in prison, Erik and Lyle Menendez have changed and seized significant opportunities to grow, overcome their criminal mindset, express remorse, and become valuable members of the community. It also mentions that they are prepared to reintegrate into society.

The filing on Friday serves as the foundation for the district attorney's argument that they will present to a judge, explaining why the brothers should have their sentences reviewed and possibly changed.

The next step involves setting a date for a resentencing hearing, during which a judge will consider arguments both in favor of and against the modification.

George Gascón's office, the district attorney for Los Angeles County, is requesting that they receive a murder sentence.

According to California law and considering their ages at the time of the offenses, the district attorney stated during a press conference on Thursday that they would be "eligible for parole right away."

His office has announced that they aim to arrange the hearing within the next 30 to 45 days, and they noted that Lyle and Erik Menendez might be present at the session.

The hearing is expected to be heated. Mr. Gascón mentioned that this case has created divisions within his office, and some of his staff may actually oppose his position in court.

If the hearing leads to a judge endorsing the new sentence, focus will then turn to the California parole board.

The board will look into the situation and consider if the Menendez brothers pose a danger to the community if they are set free.

Even if the board grants their release, Governor Gavin Newsom has the authority to stop the process.

Watch: Prosecutor in Los Angeles suggests re-evaluating the sentences of the Menendez brothers.

What Is The Menendez Family Saying Now?

Earlier this month, over twenty members of the Menendez family made a heartfelt appeal for Erik and Lyle to be freed, marking 35 years since they took the lives of their parents, Jose and Kitty Menendez.

The family members claimed that the boys suffered severe sexual abuse from their father and posed no danger to the community.

Kitty Menendez’s sister, Joan Anderson VanderMolen, expressed that “people everywhere weren’t prepared to accept that young boys could be victims of rape, or that young men could experience sexual violence.”

She mentioned that today "we have a better understanding" and "a jury wouldn't impose such a severe punishment anymore."

However, the family doesn't fully see eye to eye.

Milton Andersen, the attorney representing Kitty Menendez's brother, described the siblings as "emotionless" and stated that their "deeds tore their family apart and created a lasting sorrow that has lingered for many years."

Jose was hit by gunfire six times, while Kitty suffered ten bullet wounds, one of which struck her in the face after Erik reloaded his weapon.

Mr. Andersen thinks that his nephews ought to remain incarcerated for their "terrible crime," as stated by their attorney, Kathy Cady.

Why Are We Still Talking About The Killings?

Neama Rahmani, who is a criminal defense lawyer and previously worked as a federal prosecutor, explained to the BBC that a combination of public relations and political factors has created a unique situation where the Menendez brothers truly have a chance of gaining their freedom.

He pointed out the recent focus on the case from various celebrities, a dramatized series and documentary on Netflix that explore the issue, and a struggling district attorney who is fighting to keep his position.

"You'll never encounter a situation quite like this again. It's truly one of a kind."

In May 2023, the Menendez brothers submitted a request that included new evidence related to their case, asking for their sentences to be overturned.

Mr. Gascón stated that his team had been examining the case for over a year. However, he mentioned that he decided to suggest their resentencing on Thursday, just an hour before a widely publicized press conference about this significant case.

The announcement came just 12 days ahead of election day, where Mr. Gascón is competing for re-election as the district attorney of Los Angeles County, currently trailing by 30 points in several polls. He has stated that his decision was not motivated by politics and that it was a move he had been considering for a long time.

The decision was made at a time when the case was attracting fresh interest, driven by a new Netflix series called Monsters: The Lyle and Erik Menendez Story, along with the launch of a docudrama titled The Menendez Brothers.

The series brought the case to a younger audience and attracted the interest of celebrities like Kim Kardashian and Rosie O'Donnell, who advocated for the brothers' release.

Why Did The Menendez Brothers Murder Their Parents?

The underlying reason has always been central to this case.

The prosecutors portrayed the brothers as entitled and privileged, suggesting they murdered their affluent parents in their Beverly Hills home to gain access to their $14 million (£10.7 million) inheritance.

They claimed that the two carefully acquired shotguns and fatally shot their parents 13 times while the couple was watching television. Afterward, they went gambling, attended parties, and went on shopping sprees, splurging on items such as Rolex watches.

In the end, it was a revelation shared with a psychologist that resulted in their capture. The doctor's girlfriend recorded their confession and notified the authorities about it.

The brothers eventually confessed to the murders, but claimed they were acting in self-defense after enduring years of emotional, physical, and sexual abuse.

In court, they expressed their fears that their parents might harm them if they didn't take action first. Lyle and Erik recounted how they confronted their parents regarding the abuse they suffered. The situation at home had escalated to a point of conflict, leading them to believe their parents were plotting to end their lives.

Relatives shared their accounts of the mistreatment they observed, but none claimed to have directly witnessed any instances of sexual abuse.

The unexpected events in the story have made it well-known, and even after 35 years, it still inspires new documentaries and movies.

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