Will DA Support Menendez Brothers' Resentencing? He Cites 'A More Modern Understanding of Sexual Violence'

Mar. 15, 2025

George Gascón, Lyle Menendez, Erik Menendez.Photo:Myung J. Chun / Los Angeles Times via Getty Images, AP Photo/Nick Ut

Myung J. Chun / Los Angeles Times via Getty Images, AP Photo/Nick Ut

Los Angeles County District AttorneyGeorge Gascónsaid Wednesday. Oct. 16, that his office is continuing to review new evidence in theMenendez brothers’ case, acknowledging that there is now a more evolved approach to cases involving alleged sexual violence.

“Our office has developed a more modern understanding of sexual violence since the Menendez brothers first faced prosecution,” Gascón said. “Today, our office acknowledges that sexual violence is a pervasive issue affecting countless individuals—of all gender identities—and we are committed to supporting all victims as they navigate the profound impacts of such trauma.”

Gascón released the statement just hours after his office met with family members ofLyle and Erik Menendez, who held a press release in front of the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles. The brothers are currently serving sentences of life in prison without parole after being convicted of the first-degree murders of their parents.

At the press conference, numerous family members cited the sex abuse the brothers have claimed they endured at the hands of their father, Jose. The relatives said the brothers were victims, not murderers.

“From the very beginning, I believed that Lyle and Erik were victims of their father’s abuse,” saidKaren VanderMolen,niece of Kitty Menendez. “No child should ever have to endure what they did. Their father’s abuse shattered their lives, and the court’s failure to recognize their trauma only compounded that tragedy. I can’t help but think how different things might have been if the world had known the truth back then.”

The Menendez family.ABC

ABC

Since May of 2023, Gascón’s office has been reviewing a Habeas Corpus petition that attorneys for the brothers filed in Los Angeles County Superior Court, citing new evidence in the case.

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Gascón previously addressed the petition at a press conference on Thursday, Oct. 3, saying that his office was “keeping an open” mind aboutthe Menendez brothers’bid for release.

Los Angeles County District Attorney George Gascón.Myung J. Chun / Los Angeles Times/Getty

Myung J. Chun / Los Angeles Times/Getty

Acknowledging that the brothers “were clearly the murderers,” Gascón, who is up for reelection in November, said his office had “a moral and an ethical obligation to review what is being presented to us” and to determine if such evidence could have swayed jurors away from first-degree murder convictions.

In his Wednesday, Oct. 17 statement, Gascón said the office’s resentencing unit is looking at the case.

“While the habeas filing raises questions about the evidence in the previous trials, the Resentencing Unit focuses on the individuals’ rehabilitation and behavior during time served,” he said.

“Prosecutors are still seeking full documentation of the defense’s claims,” the statement said. “The office is working as quickly as justice permits.”

NBC4reported that Gascón said he was hoping to make a decision “within the next 10 days or so.”

However, it will be up to a judge to decide if Lyle, 56, and Erik, 53, will remain in prison, be granted a new trial, or have their sentences reduced.

A court hearing is scheduled for Nov. 26.

Lyle was 21 and Erik was 18 when they fatally shot their parents using 12-gauge shotguns in the den of their Beverly Hills, Calif., home on Aug. 20, 1989.

Jose, 45, was hit multiple times, including point blank in the head. Kitty, 47, was shot multiple times, including once in the face.

However, prosecutors at the time said the two brothers’ motive was greed and cited their lavish spending spree after the slayings.

If you or someone you know has been a victim of sexual abuse, text “STRENGTH” to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.

source: people.com