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Trial witness reacts to Menendez brothers' possible freedom
Erik and Lyle Menendez still have a long way to go before they can walk out of prison, even though the Los Angeles County district attorney has recommended their life-without-parole sentences be thrown out and the brothers be resentenced and immediately eligible for parole. Dr. Ann Burgess, an expert witness from 1st Menendez Brothers trial, joined LiveNOW from FOX to discuss.
null - The Los Angeles County district attorney has recommended that the Menendez brothers’ life-without-parole sentences be thrown out and the brothers be resentenced and immediately eligible for parole.
But the brothers still have a long way to go before they can walk out of prison, where they’ve been for the last 35 years.
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted they fatally shot their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez, in their Beverly Hills mansion. The brothers said they feared their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years.
Erik Menendez (C) and his brother Lyle (L) are pictured, on August 12, 1991 in Beverly Hills. (Photo by MIKE NELSON/AFP via Getty Images)
Prosecutors at the time contended that there was no evidence of molestation. The brothers’ first trial ended in a hung jury, and prosecutors secured a conviction in the second after much of the evidence of abuse was disallowed from the trial. The district attorney’s office also said back then that the brothers were after their parents’ multimillion-dollar estate.
READ MORE: Menendez Brothers: Journalist Robert Rand discusses finding Erik's letter
Now, the DA and relatives say the world better understands the role of trauma in sexual abuse cases.
The brothers’ extended family has pleaded for their release. Several family members have said that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life without parole.
What’s next for the Menendez brothers?
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Re-sentencing for Menendez brothers recommended: What comes next
On Thursday, the Los Angeles County District Attorney recommended that Erik and Lyle Menendez be re-sentenced in the murder of their parents back in 1989. LiveNOW from FOX's Andrew Craft spoke with Fox 11's Christina Gonzalez and Attorney Tre Lovell to discuss what comes next.
The DA’s office filed paperwork Thursday that recommends the brothers — now 54 and 56 years old — receive a new sentence of 50 years to life. Because they were under 26 years old at the time of the crimes, they would be eligible for parole immediately.
RELATED: Kim Kardashian says Menendez Brothers were 'granted a second chance at life' after decades in prison
"I believe that they have paid their debt to society," the DA said.
A hearing before a judge could come within the next month or so. If the judge agrees to the resentencing, the state parole board will hold its own proceeding to determine whether they should go free. If the board recommends parole, Newsom would have 150 days to review the case. The governor could green-light parole, or overrule the board and deny their release.
When could the Menendez brothers get out of prison?
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Watch full: Menendez brothers DA hearing
On Thursday, the Los Angeles District Attorney recommended that the Menendez brothers, infamous for murdering their parents in 1989 and being sentenced to life in prison in 1996, should be resentenced.
Mark Geragos, an attorney for the brothers, has said he’s hopeful the brothers could be freed by Thanksgiving. Laurie Levenson, a professor of criminal law at Loyola Law School in Los Angeles, called that deadline "awfully hopeful."
Levenson warned that the judge would not likely be a "rubber stamp" due to dissent within the DA's office.
"That puts the judge actually in a very challenging position," Levenson said, noting she had not heard of any cases until recently where the head of the office disagreed with other lawyers involved in the case. Ultimately, Gascón chose the "safest route" for his decision — leaving it up to the court and parole board, she said.
What’s the new evidence in the Menendez brothers case?
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LA DA recommends resentencing for Menendez brothers
Los Angeles County District Attorney George Gascon announced Thursday that he is recommending that the Menendez brothers be re-sentenced for the 1989 murder of their parents. LiveNOW's Andrew Craft breaks it all down with legal affairs journalist Meghann Cuniff, who was in the room during the the announcement.
The DA’s office said the case was being evaluated after "new evidence" came to light, FOX Los Angeles reports. One piece of evidence was a letter Erik allegedly wrote to his cousin Andy Cano. According to the brothers' attorneys, Cano's mom found the letter nine years ago. Cano testified at trial that Erik had told him about his father's abuse when Erik was 13. Cano died in 2003.
Roy Rossello, a former member of the Latin pop group Menudo, also recently came forward saying he was drugged and raped by Jose Menendez when he was a teen in the 1980s.
Rossello spoke about his abuse in the 2023 Peacock docuseries "Menendez + Menudo: Boys Betrayed." His allegations are part of the evidence listed in the petition filed last year by the Menendez brothers’ attorney in seeking a review of their case.
Brother of Kitty Menendez doesn’t support resentencing
Snow covers the grave site of Jose and Kitty Menendez January 10, 1994 in Princeton, New Jersey. (Photo by Yvonne Hemsey/Getty Images)
Not all Menendez family members support resentencing. Attorneys for Milton Andersen, the 90-year-old brother of Kitty Menendez, filed a legal brief seeking to keep the brothers’ original punishment.
"They shot their mother, Kitty, reloading to ensure her death," Andersen’s attorneys said in a statement Thursday. "The evidence remains overwhelmingly clear: the jury’s verdict was just, and the punishment fits the heinous crime."