Erik and Lyle Menendez, the brothers sentenced to life in prison without the possibility of parole for the murder of their parents, may soon see a breakthrough in their case.
After more than thirty years, in fact, the Los Angeles district attorney has requested a new trial for the two brothers, opening up the possibility of a reduced sentence that would make them eligible for probation. The request, formally filed in court Friday, represents a significant breakthrough in a case that has long divided the American public. However, not everyone welcomes the possibility of their release.
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The motion includes details of his time in prison
The 57-page motion filed by the district attorney’s office includes a timeline of the case, an argument for why the Menendez brothers should be resentenced and details about their time behind bars. The documentation includes glowing recommendations from prison officials and various programs the brothers have launched behind bars with the goal of helping other inmates, including those suffering from childhood trauma and disabled or elderly inmates. The report also includes the educational qualifications that the two brothers obtained while serving their sentences. All these activities, the motion states, were carried out “without any expectation or hope of being released.”
Furthermore, their disciplinary behavior is also reported: both were cited for possessing a cell phone in a cell they shared with other inmates.
Erik was involved in two fights, in 1997 and 2011, while Lyle, transferred to the “special needs” area in 1997, received minor fines for smuggling, including a lighter and a pair of sneakers brought to him by a visitor .
“During their detention, Erik and Lyle Menendez have undergone a profound transformation, demonstrating repentance and a desire to contribute positively to the community,” reads the document, which describes them as “ready to reintegrate into society.”
What will happen now
The new sentencing hearing, which will examine the arguments for and against probation for the Menendez brothers, will likely be set within 30 to 45 days.
District Attorney George Gascón, who is seeking a revised sentencing for murder, explained that given the brothers’ ages at the time of the crime, California law could make them immediately eligible for parole.
However, even if the judge approves the new sentence, the possible decision would be up to the California parole board, which will evaluate whether the two represent a threat to society. Finally, even if the commission approves their release, Governor Gavin Newsom could still intervene to block the proceedings.
The hearing is likely to be contentious: Gascón noted that this case has divided his office and that members of his staff could argue against him in court.
The reactions of the Menendez family
In recent weeks, part of the Menendez family has launched a public appeal for the release of the brothers, over 35 years after the murders of their parents Jose and Kitty Menendez. According to their families, Erik and Lyle were victims of terrible sexual abuse by their father and do not represent a danger to the community.
Kitty Menendez’s sister, Joan Anderson VanderMolen, argued that “the world was not ready to believe that boys could have been raped, or that young men could be victims of sexual violence.”
he declared that “today we understand better” and that “a modern jury would never issue such a severe sentence”.
However, not all family members agree.
Milton Andersen, Kitty’s brother, instead called Erik and Lyle “ruthless” and said that their actions “destroyed the family and left a trail of pain that has persisted for decades.”
“Jose was shot six times, while Kitty was shot ten times, including one shot in the face after Erik reloaded.” According to his lawyer, Andersen believes his nephews should remain in prison for the “atrocity” of their crime.
Because now, 35 years after the murders
Neama Rahmani, a criminal lawyer and former federal prosecutor, explained to the BBC that a “perfect storm of media and political events” had rekindled the hopes of the Menendez brothers.
The case has recently attracted the attention of celebrities, such as Kim Kardashian and Rosie O’Donnell, and has inspired a Netflix drama series and docudrama about them.
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Additionally, Attorney Gascón, who is running for re-election and currently trailing in the polls, presented the recommendation on Thursday, just days before the vote. However, he denied any political motivation, stressing that the decision had been in the works for some time.
The reasons for the murder according to the prosecution and the defense
The motive for the murder remains the focal point of the Menendez case.
According to the accusation, the brothers, described as rich and spoiled young people, would have planned the death of their parents to take possession of their assets, which amounted to 14 million dollars.
After shooting them to death with 13 rifle shots, the two allegedly led a life of excess, spending on luxury items, gambling and crazy parties. What betrayed them was a confession to a psychologist, which the doctor’s partner recorded and reported to the authorities.
In court, Erik and Lyle admitted to the murder, but claimed they acted in self-defense, fearing their parents would kill them. They claimed that their father had been abusing them for years and that the family situation had become unbearable. Although some family members confirmed incidents of abuse, no one was able to personally testify regarding sexual abuse.
Although some family members confirmed incidents of abuse, none were able to testify to having witnessed sexual abuse firsthand.
Even today, 35 years after the events, the case of the Menendez brothers continues to arouse the interest of a wide public, keeping the debate on justice and second chances alive.
