New Sentencing Set for Erik and Lyle Menendez; Clemency Also on Table

Erik and Lyle Menendez’s resentencing hearing has been set for Dec. 11, when a judge will decide whether they will have a shot at freedom.

The brothers have spent 34 years behind bars for the shotgun killings of their parents in 1989 at their Beverly Hills home.

The date was decided Wednesday by Los Angeles County Superior Court Judge Michael Jesic after prosecutors submitted a recommendation for the brothers’ resentencing last week.

After an initial mistrial with a hung jury for each of the brothers, they were convicted in 1996 of killing their parents, Kitty and Jose Menendez, and sentenced to life without parole.

The brothers’ attorneys never disputed the pair killed their parents, but argued that they acted out of self-defense after years of emotional and sexual abuse by their father. Much of the evidence related to abuse was excluded from their second trial.

Los Angeles County District Attorney George Gascón said his office would recommend the brothers be given a sentence of 50 years to life, which would make them immediately eligible for parole since they were under the age of 26 when the crime was committed.

If the judge approves, the brothers still will need a state parole board to grant their release. Gov. Gavin Newsom then has 150 days to review its decision.

Gascón said he took several factors into consideration when making his recommendation, including the brothers’ rehabilitation in prison.

In documents filed by his office, prosecutors pointed to the brothers’ educational achievements — both have attained several degrees — and contributions to the community. They include a prison beautification program at Donovan Correctional Facility in Otay Mesa, started by Lyle Menendez.

Multiple generations of Menendez family members have pleaded for the brothers’ release, saying they deserve to be free because they had been “brutalized” and sexually abused by their father.

However, not everyone in Gascón’s office agreed with his decision. One of the brothers’ uncles wants them to remain in prison. Those opposed to their being resentenced will likely have an opportunity to argue their case in front of the judge.

Their attorneys said the brothers also will have a hearing Nov. 25 regarding a habeas petition filed last year that asks the court to look at new evidence not previously introduced at their second trial. This could be another pathway to freedom.

The brothers also submitted a request to Newsom for clemency earlier this week. Gascón said Wednesday that he backs the request – his office has sent letters of support to the governor.

“They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates,” Gascón said in a statement.

Newsom mentioned the case on iHeartRadio’s “Politickin’” podcast recently and said he was reviewing the matter. He noted that the Netflix drama “Monsters: The Lyle and Erik Menendez Story” had brought attention to the case, with even his kids asking him about it.