This article contains references to sexual abuse.
Prosecutors in the United States have recommended brothers Lyle and Erik Menendez be resentenced for the 1989 killings of their parents, which is expected to lead to their release.
George Gascón, the Los Angeles County district attorney, said in a news conference on Thursday local time (Friday AEST) that he recommended the brothers be resentenced, recommending that their life sentences be replaced with a sentence of 50 years to life and that they be eligible for parole immediately due to their young age at the time of the murders.
“After a very careful review of all the arguments made … I came to a place where I believe that, under the law, resentencing is appropriate and I’m going to recommend that to a court tomorrow,” Gascón said.
Lyle (left) and Erik Menendez (centre) during their televised first trial in 1994, which ended in a hung jury. Source: AFP / Mike Nelson
The Menendez brothers were sentenced in 1996 to life in prison without the possibility of parole. Lyle, then 21, and Erik, then 18, admitted to killing their parents, Jose and Kitty Menendez.
The brothers testified that they were sexually abused by their parents for years and acted in self-defence, while prosecutors argued they were seeking their parents’ fortune.
“They have been in prison for nearly 35 years. I believe that they have paid their debt to society,” Gascón said.
But he said other prosecutors within his office opposed their release and may argue in favour of keeping them in prison.
Who are the Menendez brothers?
Erik and Lyle Menendez were jailed after admitting to fatally shooting their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez on 20 August 1989.
The brothers initially told police that they had found their parents dead when they arrived home, but eventually admitted to killing their parents and were tried for the murders.
Much of the public’s interest in the case was because of the motive behind the killings.
Erik and Lyle Menendez in front of their Beverly Hills home in 1989. Source: Getty / Los Angeles Times
In their first trial in 1994, which was televised and ended in a hung jury, the brothers testified that they were sexually abused by both parents for years and acted in self-defence for fear their father would kill them if they revealed the abuse.
However, prosecutors argued the pair were seeking their parents’ multi-million-dollar fortune.
During their second trial, the judge excluded evidence of abuse from their defence case. They were convicted of first-degree murder and conspiracy to murder in 1996 and sentenced to life in prison without parole, rather than the death penalty.
What are the new developments?
During the press conference, Gascón said there was no doubt the brothers killed their parents, but said new evidence influenced the decision, including a letter Erik Menendez purportedly wrote to a cousin eight months before the murders where he described the abuse.
Gascón says if this evidence was presented at the trial, the jury may have reached a different outcome and the brothers may have been charged with manslaughter instead of murder.
“I do believe the brothers were subjected to a tremendous amount of dysfunction in the home, and molestation,” Gascón said during the press conference.
“Often, we don’t believe victims of sexual assault, whether they’re women [or] men,” he said.
“[Our] own implicit and sometimes explicit bias around sexual abuse and sexual assault often leads us to severe injustices in our community.”
(left to right) Nicholas Alexander Chavez, Chloë Sevigny, Javier Bardem and Cooper Koch in a Monsters: The Lyle and Erik Menendez Story. Credit: Netflix
Investigators are also examining allegations from a member of the 1980s pop band Menudo, who said he was abused by Jose Menendez.
Prosecutors added that changing attitudes around sexual violence had also contributed to the recommendation for resentencing, especially around ideas that men could not be raped.
“Since the original prosecution … our office has gained a deeper understanding of the complexities surrounding sexual violence,” he said in a statement.
Gascón says the murders were still “horrible acts”, adding: “There is no excuse for murder.”
Multiple members of the extended Menendez family were present in the press conference, including Kitty Menendez’s sister, Joan Andersen VanderMolen, and the brothers’ cousin Anamaria Baralt, who said it was a “brave and necessary” announcement that marked a “day of hope” for the family.
“The DA’s decision reflects the truth that has been hidden for so long,” Baralt said during the press conference.
“This step gives us all hope that the truth can finally be heard and that Lyle and Erik can begin to heal from the trauma of their past.”
Several other family members have called for the brothers’ release, with some commenting that people are more aware of the impacts of sexual abuse and that they would not have been convicted of first-degree murder and sentenced to life now.
However, not all Menendez family members support resentencing, with lawyers for Milton Andersen, the brother of Kitty Menendez, asking the court to keep the brothers’ original punishment.
“They shot their mother, Kitty, reloading to ensure her death,” Andersen’s lawyers said in a statement on Thursday.
“The evidence remains overwhelmingly clear: the jury’s verdict was just, and the punishment fits the heinous crime.”
Why has there been renewed interest in the case?
The Menendez case has gained traction in recent weeks following the release of the new Netflix drama, Monsters: The Lyle and Erik Menendez Story, which quickly shot to the top of Netflix’s streaming chart.
The fictionalised drama stars Javier Bardem, Chloë Sevigny, Nicholas Alexander Chavez and Cooper Koch and was created by Ryan Murphy, who previously created a series focusing on serial killer Jeffrey Dahmer.
The Netflix drama presents the Menendez brothers’ murders from different perspectives, exploring what might have led the brothers to kill their parents.
Erik Menendez criticised the show in a statement released on X by his wife Tammi Menendez, labelling it “disheartening slander”.
The popularity of the show led to a resurgence of interest online, including a TikTok and social media movement that has largely been in support of Erik and Lyle, sparking petitions calling for their release.
Erik Menendez has previously thanked people for their support but said he was “worried” about the TikTok videos.
“I’ve heard about a lot of the videos. I’m sure there are very serious TikTok videos, but then I also know there are ones that are not,” he said.
“I do worry, and I think it’s important, that the seriousness of my crime not be minimised or diminished,” Erik said.
Weeks later, Netflix released a separate documentary titled The Menendez Brothers, featuring modern-day interviews with Lyle and Erik Menendez through phone calls from prison.
Gascón says he hopes to get a hearing within the next 30 to 45 days.
Readers seeking support can contact Lifeline crisis support on 13 11 14, Suicide Call Back Service on 1300 659 467 and Kids Helpline on 1800 55 1800 (for young people aged 5 to 25). More information is available at and .
Anyone seeking information or support relating to sexual abuse can contact Bravehearts on 1800 272 831 or Blue Knot on 1300 657 380.
