Why a Decision in the Menendez Case Could Come Sooner: Questions Answered

A decision about Erik and Lyle Menéndez‘s murder case — resentencing vs. a new trial — could come any day now due to a few reasons.

After there was renewed interview in Erik, 53, and Lyle’s high-profile case 25 years later, Los Angeles District Attorney George Gascón announced on October 4 that a hearing has been set amid new evidence. Gascón said in a press conference that a decision would be made on Tuesday, November 26, but has since clarified that he could put in a request as soon as this week.

The short explanation is tied to DA Gascón being up for reelection when L.A. residents cast their ballots in November. However, the longer breakdown of Erik and Lyle’s ongoing request for a resentencing — which has been years in the making — relies on several different elements of the legal system.

Erik and Lyle’s murder case has played out in the public for over three decades since their parents, José and Kitty Menéndez, were found dead in 1989, and has found renewed public interest thanks to Netflix’s limited series Monsters and documentary The Menéndez Brothers. The brothers were both arrested in 1990 on two counts of first-degree murder. Two subsequent trials resulted in Erik and Lyle’s conviction and a life sentence without the possibility of parole. Erik and Lyle, 56, meanwhile, have maintained that their mother and father were physically, emotionally and sexually abusive and that their actions were in self-defense.

A Timeline of Erik, Lyle Menendez's Murder Case: From Arrest to New Hearing

The brothers’ legal team continued to file appeals since their sentencing. Their most recent request was in 2023, when their post-conviction attorney Mark Geragos requested a retrial while citing new evidence in the case such as singer Roy Rosselló‘s allegations against José and a newly discovered letter Erik wrote to his cousin Andy Cano describing his father’s alleged sexual abuse months before the murders.

“We filed originally for the conviction to be overturned. That’s what a writ of habeas corpus is. The other component of this is a resentence. So it’s two tracks. You can pause the habeas while you consider the resentencing. So it’s walking and chewing gum at the same time, ” Geragos exclusively told Us Weekly earlier this month. “If the habeas would be granted, you would get a new trial. If they are resentenced, the judge under California law has the ability to recall the sentence and sentence it to a wide range of options.”

Geragos, whose past celebrity clients have included Winona Ryder, Kesha, Michael Jackson and Chris Brown, seemed optimistic about the outcome of the hearing. “I won’t speak to whether [Erik and Lyle] have a plan [in the event they are released]. I just think that in order to get through each day, you’ve got to just ground yourself,” he added. “It’s a long road from life without [parole] for almost 17 years to being hopeful.”

Keep scrolling for answers to some of the biggest questions about how quickly the DA could put in his request in Erik and Lyle’s request — and what would happen from there:

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Why Has the Decision in Their Case Been Moved Up?

Gascón has spoken about his plan to file an official decision sooner than expected. “As I said 10 days ago, I would make a decision within 10 days or so. I plan to make the decision by the end of this week,” he said during a press conference on October 22. “Yes, the end of this week.”

Gascón is currently up for reelection with Nathan Hochman as his opponent. That means Gascón will know on November 5 whether he will remain in office or if Hochman is taking over his place in the District Attorney’s office, which seemingly played a part in moving up the decision on the Menéndez case.

According to Variety, 300 people have been resentenced during Gascón’s administration, including 28 people convicted of first-degree murder and five who were serving life without parole.

In the event that Gascón is replaced, his decision could still make its way to a judge who would have to sign off. The proceedings, however, could be delayed and if they are postponed until December then Hochman would have the ability to change the position from the District Attorney’s office.

A judge subsequently could allow the request to be withdrawn but then an appeal would be an option for the Menéndez legal team. It would be up to the judge whether to grant Hochman’s potential withdrawal or stand behind Gascón’s request. (Hochman has not publicly shared his thoughts on the Menéndez case but has criticized how Gascón handled the case.)

What Are the Options for Erik and Lyle?

It isn’t clear yet whether Gascón would opt for a resentencing or a retrial. He could recommend neither, but more likely it seems that Gascón could ask for Erik and Lyle’s sentences to be vacated, which would mean the siblings walk free. He could also request a resentencing based on the new evidence that emerged since the original trials took place.

In the event of a resentencing, the judge’s suggestion would go before the Board of Parole Hearings. Erik and Lyle would either have to serve the remaining balance of the new sentence or they could be eligible for parole. (Variety noted in their reporting that Governor Gavin Newsom has the power to approve or reject the Parole Board’s recommendation.)

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How Much Longer Is the Wait for a Decision?

The deadline for the District Attorney’s office to make their decision has been postponed since last year. It is currently set for November 26. but Gascón hinted that the announcement would come sooner due to the overwhelming support for Erik and Lyle after the release of Netflix’s two shows.

What Comes After Gascon’s Request?

A judge would have to set a status conference 30 days after Gascón potentially asks for a new sentence. Then it would be up to the judge to either resentence Erik and Lyle on that day or choose a later date for a hearing.

There is also the possibility that the judge could disagree with Gascón’s request. While unlikely, there is an option for denial on the grounds that the judge finds that Erik and Lyle pose “an unreasonable risk of danger to public safety.”

Gascón’s request will be considered by the judge but it is up to the judge whether Erik and Lyle’s sentences will be reduced or not.

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Could Anyone Object to the Request?

The Menéndez brothers have support from most of their family members, including those related to the late Kitty and José. However, Kitty’s brother, Milton Anderson, has been outspoken about opposing Erik and Lyle being released.

Marsy’s Law allows people in California the right to be notified of and to be heard at proceedings involving their case, which would allow Milton to speak out against a resentencing. Variety noted that Milton’s attorney, Kathleen Cady, filed a request to be kept informed of court dates and to be heard on the issue. Cady also requested a meeting with Gascón but that seemingly hasn’t happened yet.