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Erik and Lyle Menendez have spent 34 years in jail. A district attorney just handed them a lifeline.

Apparently it pays to have a very successful Netflix series made about your murder trial. 

Today the Los Angeles County District Attorney George Gascón has announced that he will approve a review of the sentencing of Erik and Lyle Menendez. 

The attorney's office will recommend a change to their conviction, downgrading it, and due to their young age at the time of offending, they would be eligible for parole immediately if a judge approves. 

"I came to a place where I believe under the law, resentencing is appropriate, and I am going to recommend that to a court tomorrow," he said in a press conference.

"We're going to recommend to the court that 'life without the possibility of parole' be removed and that they will be sentenced for murder, which, because there are two murders involved, that will be 50 years to life.

"However, because of their age under the law, since they were under 26 years of age at the time that these crimes occurred, they will be eligible for parole immediately."

It's a big moment for the Menendez brothers, for Erik and Lyle have spent 34 years in jail since they were first arrested and charged with murdering their parents in 1990.

The Menendez brothers outside their Beverly Hills home. Image: Getty.

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One of the key elements of the case has been that both Erik and Lyle alleged they were sexually abused as children, hence their actions.

While this has been a point of contention, Gascón said it is his belief that the brothers were indeed abused and that, like women driven to the edge who kill their abusive husbands', the brothers' decision to murder their parents was an act of desperation.

"We often see women, for instance, have been battered for years, and sometimes they will murder their abuser out of desperation," he said.

"And I do believe that the brothers were subjected to a tremendous amount of dysfunction in the home and molestation, but they went to prison for life without the possibility of parole."

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He said that despite their sentence of life in prison, they have not become involved with the darker side of jail life, and have instead advocated for their fellow inmates.

"They never [joined gangs], to the contrary, even though they didn't think that they were ever be let free, they engaged in a different journey, a journey of redemption and a journey of rehabilitation."

On these lines, it is Gascón's belief that resentencing is crucial.

So, why is the case being reviewed now?

The Menendez brothers were convicted of murdering their parents more than three decades ago, but have come back into the cultural zeitgeist following a 2023 petition from their attorneys on the grounds of new evidence.

The brother's attorney's filed a 'habeas corpus petition', asking for new evidence to be considered alongside adjustments to their conviction and sentencing. 

This included a sworn statement from a member of a boyband Roy Rosselló, who alleges that Jose Menendez sexually assaulted him. 

A second letter has also been submitted, written months before Jose and Kitty's murders, from Erik to his cousin where he hints at the sexual abuse he alleged back in the '90s. 

Then, there was also the 2024 release of a dramatised Netflix series, Monsters: The Lyle and Erik Menendez Story and subsequent documentary about the handling of their case, that has put the case back into the spotlight.

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Watch the trailer for Monsters: The Lyle and Erik Menendez Story' here. Post continues below.


District attorney Gascón has been reviewing the case for some time and handed down his decision around 1:50pm Pacific Time, (7:50am AEST on October 25). 

While the decision to free the brothers will ultimately rest with the judge that reviews their case, the district attorney has made the first step towards that by making his recommendations.

The new hearing could take place as soon as the end of November. 

Gascón said that his office has reviewed and released 300 inmates through resentencing and just four have reoffended, which he says is a recidivism rate far lower than the rest of the country.

It's his view that the Menendez brothers no longer present a threat to society and should be released, free to live the rest of their lives in peace.

What happened in the Menendez brothers court case?

There's no denying that the case of the Menendez brothers has long captivated the public eye. 

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The brothers, Lyle and Erik, aged just 21 and 18, were arrested for the shooting of their parents, Jose and Kitty Menendez, inside their Beverly hills mansion in 1990. 

Accused of first degree murder, their high-profile trial ended in a mistrial, with jurors unable to agree on whether or not they believed the brothers killed their parents in cold blood or did so in self-defence for the years of physical and sexual abuse they alleged occured in the lead up to the killings. 

A second trial was held, following the OJ Simpson trial where he was famously not convicted of murder. 

The Menendez brothers during their trial. Image: Getty.

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The second trial was much more decisive and they were found guilty in 1996 and sentenced to life in prison. For years the brothers were separated in jail, however years later they were finally reunited whilst still being behind bars. 

Gascón said earlier this month that changing attitudes towards sexual abuse may also play a part. In fact, during the case the crown prosecutor said, "men cannot be raped, because they lack the necessary equipment to actually be raped."

"There is no question that a jury today would look at this case probably very differently than a jury did 35 years ago," Gascón added.

Erik and Lyle's relatives continue to campaign for their release. 

Joan VanderMolen, Kitty Menendez's sister, said that the murders were "the desperate response of two boys trying to survive the unspeakable cruelty of their father."

"They were just children. Children who could have been protected and were instead brutalized in the most horrific ways," she said.

For now, we will need to wait and see what the judge decides, and whether or not the brothers will finally be free.

Featured image: Getty.