A Los Angeles prosecutor mentioned on Thursday he’s asking the courtroom to re-sentence Erik and Lyle Menendez after they’ve spent greater than 30 years in jail for the shotgun homicide of their mother and father, after new proof emerged indicating they have been sexually abused by their father for years.
The advice raises the chance that the brothers will likely be launched on parole.
“I imagine that below the regulation, resentencing is acceptable and I’m going to suggest that to a courtroom tomorrow,” Los Angeles County District Legal professional George Gascón advised a information convention.
Gascón mentioned he would suggest that their life sentences be eliminated and changed with a sentence of fifty years to life, however that they might be eligible for parole due to their younger age on the time of the murders.
“I imagine they’ve paid their debt to society,” Gascón mentioned, noting their good behaviour in jail.
However he mentioned different prosecutors inside his workplace opposed their launch and would possibly argue in an upcoming listening to in favour of conserving them in jail.
It was not instantly clear how lengthy it will take the courtroom to rule.
The Menendez brothers, now 56 and 53, have been convicted after the second of two extremely publicized trials that captivated the USA on the time due to their wealth and privilege because the sons of a report firm and leisure business govt.
Jose Menendez was shot behind the top and Kitty Menendez was shot 15 instances at their Beverly Hills dwelling. Lyle was 21 and Erik was 18 on the time.
Months of talks between prosecutors, defence
A current Netflix collection dramatizing their story revived curiosity within the case, however for greater than a yr defence legal professionals have been in talks with prosecutors about vacating the sentence or in search of a brand new trial, citing new proof that got here to mild supporting the brothers’ declare they’d been molested for years.
Of their first trial, which was televised and resulted in a hung jury, the brothers testified they have been sexually mistreated by each mother and father for years and have been appearing in self defence, and that their father threatened to kill them in the event that they revealed the abuse.
Prosecutors argued the pair have been in search of their mother and father’ multimillion-dollar fortune.
A jury convicted them in a second trial in Los Angeles County Superior Courtroom that was not televised, however that very same jury additionally spared them the demise penalty, choosing life in jail with out parole.
Gascón has mentioned there is no such thing as a doubt the brothers killed their mother and father, however cited new proof, together with a letter Erik Menendez purportedly wrote to a cousin eight months earlier than the murders through which he described the abuse. Had the proof been offered at trial, the jury could have reached a distinct final result, he mentioned.
Gascón mentioned he nonetheless thought-about the murders “horrible acts,” including, “There is no such thing as a excuse for homicide.”
Investigators are also analyzing allegations from a member of the Nineteen Eighties pop band Menudo who mentioned he was abused by Jose Menendez. These allegations have been publicized final yr in Peacock documentary collection referred to as Menendez + Menudo: Boys Betrayed.
Gascón additionally mentioned he was involved by feedback from a member of the prosecution crew on the time that males couldn’t be raped. “For the reason that unique prosecution … our workplace has gained a deeper understanding of the complexities surrounding sexual violence,” he mentioned in a press release.
DA’s election challenger questions timing
Gascón beforehand mentioned he would wait till a Nov. 26 courtroom listening to to decided on the case, however he sped up the choice given the extraordinary public curiosity.
He additionally faces a tough re-election battle in opposition to challenger Nathan Hochman on Nov. 5.
Hochman on Thursday questioned the timing of Gascón’s announcement, coming lower than two weeks earlier than the election and calling it a “determined political transfer.”
He mentioned he’s unable to type his personal opinion on the case with out entry to confidential data and related witnesses.
“If I grow to be DA and the case remains to be pending at the moment, I’ll conduct a evaluate per how I’d evaluate any case,” Hochman mentioned.
Gascón on Thursday denied politics had any position, saying his workplace has re-sentenced 332 different convicts as half his coverage of addressing “over-incarceration.”
