1 of 3 | Los Angeles County District Attorney George Gascon has scheduled a Thursday afternoon news conference to announce his decision on sentencing for Erik and Lyle Menendez, who are serving consecutive life sentences for the 1989 double murders of their parents. Photo courtesy of Los Angeles District Attorney Office
Oct. 24 (UPI) — Los Angeles County District Attorney George Gascon said brothers Erik and Lyle Menendez have paid their debt to society and should be made eligible for immediate parole.
Gascon said the ages of the brothers when the crime occurred and their subsequent efforts to improve themselves and help others while imprisoned without any hope of eventual release shows they have rehabilitated themselves and would not be a danger to society if released from prison.
“We’re going to recommend to the court that life without possibility of parole be removed,” Gascon said.
Gascon said he will file for the re-sentencing on Friday and, if approved by a judge, the brothers would be immediately eligible for parole after serving nearly 35 years in prison.
Each of the Menendez brothers is serving two consecutive life sentences without the possibility of parole for the murders of their parents on Aug. 20, 1989.
Erik, 53, and Lyle, 56, shot and killed their parents, Jose and Kitty Menendez, while inside the family’s home in Beverly Hills.
Lyle was 21 and Erik 19 when they murdered their parents with shotguns that they bought several days prior to the killings, Gascon said.
He said some of his staff don’t believe the brothers were molested while others do, including Gascon.
He said the brothers “were subjected to a tremendous amount of dysfunction in the home and molestation” prior to murdering their parents.
Gascon said those on his staff who oppose the brothers’ re-sentencing have the right to oppose the re-sentencing request during future proceedings.
The Menendez brothers “were two very young people when they committed this horrible act,” he said, adding that sexual abuse is “no excuse for murder.
“Even when you get abused, the right path is to call the police and seek help,” Gascon said.
Despite each brother being sentenced to two consecutive life sentences with no possibility of parole, Gascon said they sought to improve themselves through education and helping others in prison.
“They could have done what many others have done” and “misbehaved, joined gangs,” Gascon said. “They didn’t do that.”
Instead, he said “they engaged in a different journey — a journey of redemption and a journey of rehabilitation.”
“The brothers have been doing so for a very long time,” Gascon said, by “creating groups to deal with untreated trauma, creating groups to deal with inmates with physical disabilities” and helping in other ways.
During murder trials in 1993 and 1996, prosecutors argued the pair murdered their rich parents to obtain their wealth while the brothers claimed they acted in self-defense after their father allegedly sexually abused them for several years.
Each brother was tried twice after their respective trials were declared mistrials in 1993.
A second trial in 1996 ended with first-degree murder convictions and two consecutive life sentences without parole for each brother.
The judge in the second trial refused to allow defense attorneys to introduce evidence of sexual abuse by Jose Menendez.
Netflix recently produced and aired a highly watched film on the matter entitled Monsters: The Lyle and Erik Menendez Story, which has stirred public interest in the case.
Gascon, who is running for re-election, on Oct. 3 told media he was reviewing the case and in particular evidence of Jose Menendez’ alleged sexual abuse of one of his sons and of a former Menudo band member.
Gascon is facing a strong challenge from former federal prosecutor Nathan Hochman for another term as Los Angeles County District Attorney.