Will the Menendez brothers get released? Everything you need to know on resentencing

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After spending over thirty years in prison for the murders of their parents in 1989, brothers Erik and Lyle Menendez may finally have the opportunity to gain their freedom.

This week, Los Angeles County District Attorney George Gascón stated that he suggests the brothers face a new sentence of 50 years to life. Since they were both under 26 when the offenses occurred, he noted that they would be eligible for parole right away.

On August 20, 1989, Lyle Menendez, who was 21 at the time, and his 18-year-old brother Erik confessed to killing their parents, José and Kitty Menendez, in their Beverly Hills residence.

However, they say that they were afraid their parents might harm them to prevent anyone from discovering that their father had been sexually abusing Erik for many years.

In the previous year, the lawyers representing the siblings submitted additional evidence that supposedly clarifies the claims of abuse. This has prompted family members, human rights supporters, and even some famous figures to call on the district attorney's office to free the men.

Recently, there has been a significant rise in attention toward the case, attributed to two Netflix productions—a documentary and a dramatized series titled Ryan Murphy’s Monsters: The Lyle and Erik Menendez Story. Additionally, a new edition of a detailed book about the murders has been released, further fueling interest.

Here’s the information we have about the situation, along with possible future developments regarding the Menendez brothers and their chances of gaining freedom:

The Murders Of José And Kitty Menendez

On August 20, 1989, in their Beverly Hills home, José and Kitty Menéndez were lounging in front of the television when their two sons, Lyle and Erik, entered the room armed with 12-gauge shotguns and began shooting.

According to police sources interviewed by the Los Angeles Times, after José had already been shot four times, a gun was forced into his mouth, and a final shot caused severe damage to the back of his head.

Kitty, who had been shot ten times, tried to drag herself away as her sons reloaded their weapons. Unfortunately, she was struck fatally in the face just moments later. A few hours after the incident, her older son, Lyle, called 911, crying and telling the operator, "Someone has killed my parents!"

In the past, the brothers stated that they had gone to see Batman on the evening their parents were murdered.

However, they had actually discarded the firearms somewhere along Mulholland Drive. After that, they went to a movie theater, purchased tickets for a film they never intended to watch, and then headed back to the scene of the crime.

The brothers' initial widely-publicized court case on television resulted in a hung jury.

Their legal team claimed they were defending themselves due to having experienced sexual abuse from their parents. However, the prosecutors contended that the abuse did not occur and alleged that the brothers were motivated by a desire to inherit their parents' wealth, which was estimated to be around $15 million at that time.

In 1996, after their second trial, the brothers were found guilty and received a life sentence without the chance for parole.

What Influenced The DA's Decision?

Gascón mentioned that the brothers have focused on making amends and turning their lives around while in prison, even though they are serving life sentences.

"I think they have fulfilled their obligations to society," he remarked.

Although Kitty Menendez wasn't charged with directly harming her sons, her sons' legal documents suggest that she played a role in enabling the abuse.

During the first trial of the brothers, one of their cousins gave a statement that Lyle confided in her, expressing his fear of sleeping in his own room because his father would enter and inappropriately touch him.

According to the petition, when Kitty Menendez heard from her cousin, she "furiously pulled Lyle up the stairs by his arm."

Another relative reported that when José Menendez was in the bedroom with one of the boys, no one could go down the hallway outside.

How Netflix Highlighted The Case

The Menendez case has recently attracted renewed interest since Netflix started airing the true-crime series Monsters: The Lyle and Erik Menendez Story.

A 2023 docuseries on Peacock titled "Menendez + Menudo: Boys Betrayed" provided more complexity to the situation.

In "Menendez + Menudo: Boys Betrayed," Roy Rosselló, who used to be part of the popular Puerto Rican boy band Menudo, alleged that he was drugged and sexually assaulted by José Menendez when he was a teenager during the 1980s.

His claims are part of the documentation that the Menendez brothers' lawyer submitted last year in a request to have their case reevaluated.

Family Demands Freedom For Brothers

For years, several relatives of the brothers have been advocating for their release.

Joan VanderMolen, sister of Kitty Menendez, expressed to reporters at the Thursday press conference that Gascón's choice was a "courageous and kind advancement."

"This choice goes beyond legalities; it acknowledges the suffering my cousins experienced," she stated. "It's time for Lyle and Erik to return home."

Anamaria Baralt, the niece of José Menendez, described the choice as “courageous and essential.”

"This step brings us hope that the truth will finally come to light and that Lyle and Erik can start to recover from their past trauma," she stated.

Nonetheless, not every family member is in favor of a resentencing. For example, Milton Andersen, Kitty Menendez's 90-year-old brother, does not support it. His lawyers have submitted a legal document requesting that the court uphold the brothers' initial sentence.

Andersen's lawyers stated on Thursday, "They fired at their mother, Kitty, and reloaded to make sure she was dead."

"The proof is unmistakably clear: the jury’s decision was fair, and the sentence is appropriate for the terrible act committed."

A judge must now authorize the resentencing, and the state parole board will need to approve the release of the brothers.

On Thursday, prosecutors submitted the request, and a court hearing with a judge may take place in the next month or so.

One of the defense lawyers for the brothers, Mark Geragos, remains optimistic that they will be back home in time for the holidays. The brothers are currently 53 and 56 years old.

"I’m confident they will be back home before Thanksgiving," Geragos stated.

Geragos didn't confirm if he had a conversation with the brothers on Thursday, but he is confident that they are aware of the district attorney's decision.

He mentioned that a "reentry plan" has already been created to assist the brothers in readjusting to life outside if they are freed.

"Today brings a sense of optimism for our family," stated Anamaria Baralt, the niece of José Menendez, on Thursday.

“By working together, we can ensure that Erik and Lyle get the justice they deserve and are able to return home at last.”