Why Are the Menendez Brothers Being Resentenced?

(AP Photo/Nick Ut)

The Menendez brothers have served decades behind bars since being found guilty of killing their parents. Now, family members and legal authorities are requesting they be resentenced and possibly released.

What information has led to reconsidering this case and potentially giving the Menendez brothers their freedom?

A Murder in the Family

On August 20, 1989, entertainment executive Jose Menendez and his wife May Louise, known as “Kitty,” were killed. They were each shot multiple times at close range while sitting in the family room of their Beverly Hills mansion. Police were notified of the murder by the couple’s sons, Lyle and Erik who were 21 and 18 at the time.

The brothers told officers they arrived home to find their parents dead. The brothers were not immediately charged or seen as potential suspects, although their behavior in the wake of the deaths raised some eyebrows as the brothers began spending their inheritance on lavish items.

Everything changed when Judalon Smyth made a call to the cops. Smyth was the girlfriend of the brother’s psychologist, and she said she had audiotaped recordings of the brothers admitting to murdering their parents. Days later, the brothers were arrested and charged with first-degree murder.

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Two Rounds of Trials

In California, first-degree murder is defined as an unlawful killing that is willful, deliberate, and premeditated. Authorities believed the brothers had an intentional plan to kill both of their parents.

The brothers faced their charges in separate trials in front of separate juries. In both cases, juries heard evidence that Lyle and Eric’s father abused them. Defense attorneys argued that the brothers killed their parents after years of sexual, physical, and emotional abuse. Their father was the perpetrator, and their mother knew about the abuse but failed to stop it.

In both trials, the jury could not make a verdict. Interviews after the case found that jurors were unable to agree on if the abuse justified the murders. Each case ended in a hung jury which meant the cases would need to be retried.

In a new trial, the brother’s cases were combined. One jury heard the case.

In the second trial, the jury did not hear about the abuse the brother faced. The judge in the case ruled that the brothers could not use the “abuse excuse.” In that case, the jury unanimously agreed that the brothers were guilty.

Erik and Lyle Menendez were sentenced to life in prison without parole.

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A Case Reopened

The Menendez brothers, now 56 and 53, have served decades behind bars, but their future of spending their rest of their lives in jail might not be set in stone.

In October 2024, Los Angeles County District Attorney George Gascó recommended that their case be reexamined. Per the New York Times, Gascó says he believes the brothers should be resentenced with the possibility of parole after reviewing their case and considering the brothers ages at the time of the crime, the time served, and that they would be eligible for release under current law.

Gascó’s recommendation also comes in the wake of the release of two popular Netflix shows about the brothers and testimony from Roy Rosselló, a member of a boy band who worked with Jose Menendez and came forward to say he also experienced sexual abuse from Jose Menendez.

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So, Will The Menendez Brothers Be Released?

The brothers’ future is still up in the air.

The Los Angeles County District Attorney must first make his recommendation to a judge. The judge must agree that the brothers should be resentenced at a hearing scheduled for December 11, 2024.

If the judge rules in their favor, the two men would then need to appear before a parole board who would decide if they should be released.

The parole board could determine that the brother should remain behind bars. The brothers could also remain in prison if Gascó loses reelection and his successor decides to withdraw the recommendation before the judge makes a decision.

Gascó has also requested clemency for the Menendez brothers from Governor Gavin Newsom, but Newsom has yet to say if he will grant it or not.

Finding a Good Criminal Defense Attorney

Any criminal case can seriously impact your life. If you have been charged with a misdemeanor or a felony, don’t take on the legal system on your own. Talk to an experienced criminal defense lawyer to protect your rights and get the best possible outcome for your case.

To discuss the details of your case, talk to experienced criminal defense attorney TJ Grimaldi. Request your consultation or call 813-226-1023 today.