Los Angeles District Attorney George Gascón is expected to deliver a decision today on the resentencing of the Menendez brothers.
The brothers shot their father, José Menendez, and their mother, Kitty Menendez, a total of 14 times during an attack inside their Beverly Hills home in 1989.
Lyle, who was then 21, and Erik, then 18, admitted they shot their Hollywood executive father and mother because they feared their parents were about to kill them to prevent the disclosure of the father’s alleged long-term sexual molestation of Erik.
On February 2, 1996, the jury convicted both brothers of first-degree murder, and they received life sentences without the possibility of parole. The verdict highlighted the complexity of the case and the differing views on justice and mental health issues in the context of violent crime.
“There are people in my office who believe they should never get any relief, and others who believe they should,” Gascón told . “I have now decided we will go through a thorough process of investigating both the new evidence for habeas and whether they have been rehabilitated for resentencing.”
Although a hearing was scheduled for November 29 to determine Gascón’s course of action, he announced he would make his decision today at 1:30 p.m. PT at the Hall of Justice in Los Angeles.
Follow Newsweek’s live blog for updates.
12:35 PM EDT
Which Route: Habeas Petition or Resentencing?
George Gascón said the brothers’ attorneys, Mark Geragos and Bryan Freedman, are presenting two options: a habeas petition or a resentencing.
A habeas petition is a legal action through which a person can challenge the legality of their detention or imprisonment.
It is a fundamental right, allowing an individual to seek relief from unlawful imprisonment by arguing their detention violates their constitutional rights. The petition is typically filed with a court to review whether the person’s detention is lawful and whether they are being held in accordance with legal standards, presenting new evidence.
Gascón told Newsweek his office reviewed a 1988 letter written by Erik to his cousin about the alleged sexual abuse he endured by his father. The new evidence also includes a statement from a former Menudo member who claims he was also sexually assaulted by José.
Gascón said under California law, a prosecutor can request a court to resentence an individual if it is determined a person has been rehabilitated. This involves demonstrating they have engaged in various activities within the prison system indicating they are ready to reintegrate into the community or have their sentence reduced.
“The two young men have spent 35 years in prison. They have allegedly done everything they’ve been asked to do, including going to college and working as mentors for others,” Gascón told Newsweek. “They have also completed extensive rehabilitative work. The question is whether to continue their incarceration or give them another chance. That’s the other avenue we’re evaluating.”
READ FULL STORY from Newsweek’s Courtney McGinley
12:20 PM EDT
Gascón to Announce Decision on Menendez Brothers Case
Los Angeles County District Attorney George Gascón is expected to make a decision on Lyle and Erik Menendez’s case.
“There are people in my office who believe they should never get any relief, and others who believe they should,” Gascón told Newsweek. “I have now decided we will go through a thorough process of investigating both the new evidence for habeas and whether they have been rehabilitated for resentencing.”
Although a hearing was scheduled for November 29 to determine Gascón’s course of action, he announced he would make his decision today at 1:30 p.m. PT / 4:30 p.m. ET at the Hall of Justice in Los Angeles.
12:14 PM EDT
Lyle and Erik Menendez Tell All in New Documentary
Lyle and Erik Menendez end nearly three decades of silence in the new Netflix documentary, The Menendez Brothers.
From the Donovan Correctional Facility in California, they address what they call misconceptions surrounding their parents’ murder and explain how they got “washed” in the second trial.
READ FULL STORY from Newsweek’s Courtney McGinley
12:11 PM EDT
Menendez Brothers in the Courtroom
The Menendez brothers standing trial for the 1989 murders of their parents, José and Kitty Menendez.
The brothers shot their father and their mother a total of 14 times during an attack inside their Beverly Hills home in 1989.
Lyle, who was then 21, and Erik, then 18, admitted they shot their Hollywood executive father and mother because they feared their parents were about to kill them to prevent the disclosure of the father’s alleged long-term sexual molestation of Erik.
Lyle, left, and Erik Menendez leave courtroom in Santa Monica, Calif., Aug. 6, 1990, after a judge ruled that conversations between the two brothers and their psychologist after their parents were slain are not privileged and can be used as evidence in their murder case.
Nick Ut/AP Photo
Lyle, left, and Erik Menendez sit in Beverly Hills Municipal Court where their attorneys delayed making pleas on behalf of the brothers who are suspected in the murders of their millionaire parents, Jose and Mary Louise “Kitty” Menendez, in Beverly Hills, Calif., last Aug., March 12, 1990. The arraignment for the brothers has been scheduled for March 26.
Nick Ut/AP Photo
Kevork Djansezian/AP Photo
Nick Ut/AP Photo
12:07 PM EDT
‘All Signs Point to Him Agreeing to a Resentencing.’
A former federal prosecutor told Newsweek he expects Los Angeles County District Attorney George Gascón to push for the resentencing of the Menendez brothers, with a decision expected today.
“He’s [Gascón] less than two weeks away from a highly contested election here in LA,” Neama Rahmani said. “All signs point to him agreeing to a resentencing.”
READ FULL STORY from Newsweek’s Courtney McGinley
