Why the Menendez Brothers' Sentences Are Being Revisited

About 35 years have passed since Lyle and Erik Menendez murdered their parents. But the case never seems to go away from the public spotlight for long. Now, their sentences are being reconsidered. Below is a quick reminder of the case and an explanation of the latest developments.
The Case
Lyle and Erik Menendez fatally shot their parents. This is not disputed. During the trial, the brothers admitted to the crime, although they claimed it was justifiable self-defense for having been sexually abused by their father. They also claim their mother knew and supported the abuse.
At the time, prosecutors called the abuse an “excuse.” The prosecutors instead focused on how the Menendez parents had been violently murdered with 13 gunshots while they were watching TV. Prosecutors alleged at trial that the brothers' motive was to collect their inheritance, not to escape their abuse.
Why Has Interest in the Case Revived So Many Years Later?
The case is now back on everyone's lips as a result of the new Netflix show “Monsters: The Lyle and Erik Menendez Story”. This show, and others, led to public calls for the brothers' sentences to be reconsidered.
The District Attorney's Petition for Resentencing
In response to the public's renewed attention, Los Angeles County District Attorney George Gascón said his office was reviewing the case. On October 25, he recommended a resentencing for the prisoners. A new sentence could allow the brothers to be released immediately on parole. They are currently serving life sentences without the possibility of parole. The new request by the prosecutor would be for 50 years for two counts of first-degree murder with the possibility of parole. California law allows for parole for those who committed a crime under the age of 26 and have served 30 years or more in prison. The Mendendez brothers have been incarcerated for 34 years.
Parole allows a convicted person to serve part of their sentence in freedom, in a supervised manner, while gradually reintegrating into society and meeting certain requirements.
The district attorney's request comes just before the elections, which will be held on November 5, and in which Gascón is projected to lose. For this reason, there have been many critics who claim that this is more of a political move than the pursuit of justice. For their part, Gascón noted his team has recommended resentencing of some 300 people during his administration and that it is "absurd" to consider this request as an electoral maneuver when one of the main criticisms that Gascón has received is being too soft on crime.
A resentencing hearing is scheduled for December 11.
A Habeus Petition and New Evidence
In addition to the prosecutor's petition, Lyle and Erik Menendez's lawyers filed a petition for a writ of habeas corpus in May of last year. A writ of habeas corpus is used primarily as a resource to challenge the legality of a person's confinement, bringing that person before the court. In Latin habeus corpus means “to produce the body.” Essentially, the prisoner demands that the relevant authority show good reason why the prisoner is detained. A writ of habeus corpus is a court order that can do several things, including alter the prisoner's confinement conditions, reduce the sentence, or even grant immediate release. It is different from an appeal and often the last resort of prisoners, filed when all appeal options are gone. It is also separate from the prosecutor's petition, which Gascon is responsible for, not the brothers or their lawyers. A hearing for the habeus petition is scheduled for November 25, and provides another avenue for the brothers to be released or resentenced.
Not that the two are unrelated. Importantly, the habeas corpus petition filed by the defense lawyers cited new evidence: a letter found by the brothers' aunt (the sister of Jose Menendez, the murdered father). Erik wrote it and addressed to his cousin, Andres, in which he explained the abuse he suffered from his father: “I am trying to avoid dad. It's still happening, Andy, it's just worse for me now … I never know when it's going to happen and it's driving me crazy. Every night I’m awake thinking what’s going to come."
That's not all. Jose Menendez was an executive at a record label that signed teenage boy band Menudo. Roy Rosello, a former member, stated that Jose Menendez sexually abused him when he was 13 and 14 years old. His statement was brutal, describing anal and oral rape.
Finally, the Mendendez brothers have shown very good behavior during their confinement, which is often a primary consideration when considering parole eligibility.
Opinions Still Divided
As with the original two trials, the Menendez brothers still face strong opinions and public scrutiny.
For the resentencing hearing, it is up to the judge to decide whether he agrees or not with the new sentence after hearing arguments. Then, the board of parole must approve the release, and the governor must then sign off on the parole board's decision.
There's no certain outcome. The judge may disagree with the district attorney's recommendation, and if Gascón loses the election the new district attorney could withdraw the petition. The parole board could deny the brothers' releases. Finally, the governor of California himself could refuse to sign off.
For the habeus petition, the brothers will have to present their arguments to the court in November. Finally, in a last-minute move, the Mendendez brothers have petitioned California Governor Gavin Newsom for clemency, a move that Gascon supports. There are now three paths available for the Menendez brothers’ release, but none are certain.
The only certain thing is that, even so many years later, the drama continues.
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