DA Gascón announced his decision Thursday on the resentencing of Erik and Lyle Menendez at a news conference at the Hall of Justice 

October 25, 2024 – LOS ANGELES, CA – Los Angeles County District Attorney George Gascón on Thursday announced his decision to recommend the resentencing of Erik Menendez, 53, and Lyle Menendez, 56, after being in custody for approximately 35 years for the murders of their father and mother, Jose and Kitty Menendez in August 1989.

This matter will now go before a Los Angeles Superior Court Judge who will make the decision to formally resentence both men, at which time it will be decided if they will be released from prison. The date of this future court hearing is to be determined.

“Today, as we move forward with the resentencing of Erik and Lyle Menendez who have spent 35 years behind bars after being convicted in 1996 for the killing of their parents, Jose and Kitty Menendez, we must acknowledge the deep pain and suffering experienced by the victims' families. For decades, they have navigated the grief of their unimaginable loss. We also acknowledge Erik and Lyle’s continuous rehabilitative efforts during their incarceration,” District Attorney Gascón said.

“Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence. We recognize that it is a widespread issue impacting individuals of all gender identities, and we remain steadfast in our commitment to support all victims as they navigate the long-lasting effects of such trauma,” Gascón added.

This decision comes after the office’s Resentencing Unit conducted a meticulous review and confirmation of evidence presented by the defense attorneys, including reviewing materials, drafting court filings, meeting with family members of the Menendez’s, and evaluating the men’s rehabilitation and behavior while incarcerated.

In 1996, after two trials in 1993 and 1995, the Menendez brothers were convicted by a jury of first-degree murder and sentenced to life in prison without the possibility of parole in the murders of Jose and Kitty Menendez. They’ve both served approximately 35 years in custody and are currently at the Richard J. Donovan Correctional Facility.

In April 2021, District Attorney George Gascón established the Resentencing Unit to address over-incarceration through contemporary laws and policies. To date, our Resentencing Unit, in collaboration with the Murder Resentencing Unit, has reviewed or is actively reviewing 705 cases, resulting in 332 resentencing’s which would become 334 resentencing’s if the court grants the resentencing of the Menendez brothers.

This process reflects our commitment to justice and a more equitable legal system.

Menendez Brothers FAQ

In 1993, Erik and Lyle Menendez were tried for the 1989 shooting deaths of their parents, Kitty and Jose Menendez. During their first trials, defense attorneys presented evidence of Jose’s sexual abuse and argued the brothers were guilty of manslaughter because they killed their parents based on an honest but unreasonable belief that they were in danger. The brothers had separate juries. Both juries could not reach a verdict, resulting in a mistrial.

In 1995, prosecutors retried the brothers. In this trial, much of the evidence of sexual abuse was excluded. Prosecutors argued that the brothers fabricated the abuse. In 1996, Erik and Lyle were each convicted by a jury of first-degree murder and sentenced to life without parole. Lyle was 21 and Erik was 18 at the time of the shooting. Lyle is currently 56 and Erik is 53. The brothers have been in custody with no chance of parole for nearly 35 years.

What is the District Attorney’s resentencing policy?

DA Gascón is committed to reviewing the sentences of incarcerated people to determine if they are no longer appropriate under current law and/or office policy. When considering reviewing a case for possible resentencing, our office weighs a number of factors, including:

• The age of the person at the time of the crime, as scientific evidence shows that the juvenile brain is not fully formed to understand risk;
• Any pre-conviction psychological trauma or physical abuse that contributed to the commission of the offense, if it was not taken into consideration at the original sentencing;
• Whether the individual has already served a significant amount of time in prison sufficient to hold the individual accountable for their crime;
• Evidence of rehabilitation in prison, such as mentoring other prisoners, attending college classes, taking accountability for their actions, participating in community organizations, as well as testimony from prison staff and community members;
• The individual’s detailed and actionable plans to positively contribute to society following release;
• Evidence that reflects whether age, time already served, or diminished physical condition, if any, have reduced the risk for future violence;
• Evidence that laws and policies have changed such that continued incarceration is no longer in the interest of justice.

For more information on the office’s Resentencing Unit, visit: https://da.lacounty.gov/policies/resentencing.

Does the District Attorney decide whether or not a person will be resentenced?

No. Although the District Attorney may request an individual’s sentence be reduced, decisions to reduce sentences are made by judges.

What legal pathways could lead to the Menendez brothers’ release?

Last year, the brothers filed a habeas petition in court to overturn their convictions based on the discovery of new evidence. This year, the brothers’ defense attorneys sent our office a request to resentence the brothers. While the habeas petition raises questions about the evidence at trial, the resentencing request focuses on rehabilitation and behavior during time served.

In both the habeas petition and resentencing tracks, the DA makes recommendations, and the court makes the final decision. If the court declines the DA’s resentencing recommendation for any reason, the habeas petition remains an option.

How soon could the brothers be released if a judge approves the DA’s recommendation?

It’s not possible for our office to speculate because any release decision would be made by the judge. If and when the judge resentences the brothers or grants the defense’s habeas petition, the judge would decide when and if they would be released.

Why are you making this resentencing announcement now?

Earlier this year, the brothers’ attorneys provided substantial material in the form of letters of support and prison records to establish their claim that the brothers have been rehabilitated and should be resentenced. We have been working diligently to thoroughly investigate their claims and prosecutors in our office’s Resentencing Unit reached a decision.

The Menendez brothers filed a habeas petition in May 2023. Why is the next court date for the DA to respond to the habeas petition November 26?

To respond to the filing, the District Attorney’s office has been in the process of reviewing transcripts, court files, and other documents to address the claims raised in the petition. Our office is dedicated to a thorough and fair process and is working as quickly as justice permits. The timing for our response has been agreed to by the defense.

Did the District Attorney meet with the Menendez brothers’ victims/family members as the case was being considered for resentencing?

Crime victims have an opportunity to address the District Attorney’s Office and the court as part of any resentencing. Our legal team has met with the Menendez brothers' family to listen to their concerns and perspectives. The DA did not personally meet with victims’ families.

How many people has the office resentenced under DA Gascón?

In April 2021, District Attorney George Gascón established the Resentencing Unit to address over-incarceration through contemporary laws and policies. To date, our Resentencing Unit, in collaboration with the Murder Resentencing Unit, has reviewed or is actively reviewing 705 cases, resulting in 332 resentencing’s which would become 334 resentencing’s if the court grants the resentencing of the Menendez brothers.

Source: Los Angeles County District Attorney