Erik and Lyle Menendez, convicted of murdering their parents in 1996, may be on the verge of being released. A press conference scheduled for Wednesday at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles has fueled speculation about potential re-sentencing for the brothers.
Los Angeles County District Attorney George Gascón has reportedly invited several Menendez family members to attend the press conference.
“What if it’s not that they’ll be released?” Joan VanderMolen, the brothers’ 92-year-old aunt, told Vanity Fair.
The brothers, now 53 and 56, have spent over 30 years in prison for the 1989 murders of their parents, Jose and Kitty Menendez, in their Beverly Hills home. Their case has recently regained public attention through TikTok, Netflix series, and other pop culture phenomena.
Gascon’s office is reportedly reviewing new evidence that was not permitted in the original trial. This includes allegations made by Roy Rossello, a former member of the band Menudo, who claimed Jose Menendez molested him as a teenager in the 1980s.
“We are reviewing the new information, but I think it’s also important that we recognize that both men and women can be the victims of sexual assault,” Gason said.
Mark Geragos, one of the brothers’ attorneys, believes there are solid grounds for resentencing under Penal Code 1172.1. This law allows consideration of factors such as pre-conviction psychological trauma or physical abuse, comparatively harsh sentencing, and whether the convicted individuals pose a threat to society.
If Gascon recommends resentencing and a judge approves, it could potentially lead to the brothers’ release.
According to one source, if a jury in a potential retrial finds them guilty of voluntary manslaughter instead of murder, it would trigger their immediate release as they have already served more than the maximum sentence for that charge.
The case has been contentious since its beginning. During their trials, the brothers claimed they killed their parents in response to years of sexual abuse by their father. Erik Menendez alleged in a Netflix documentary that the abuse began when he was six years old and continued for 12 years.