Los Angeles County District Attorney George Gascón is expected to announce Thursday whether he will seek the resentencing of Erik and Lyle Menendez, who fatally shot their parents in their Beverly Hills home in 1989.

The move could lead to the release of Lyle and Erik Menendez, who were sentenced to life in prison without the possibility of parole in a case that attracted international attention.

Background

After their arrest, the brothers never denied committing the murder in which they repeatedly fired a shotgun at their parents, Jose and Kitty Menendez, while they were watching television on the night of August 20, 1989. The brothers said they did this after years of sexual abuse. by their father and because they feared for their lives.

They also said their mother knew about the abuse and that hers was a “mercy” killing.

His claims were met with widespread skepticism.

Prosecutors at the time said the brothers were motivated by greed because they had inherited their father’s multi-million dollar estate.

Erik Menendez was 18 years old at the time of the murders. Lyle Menendez was 21 years old. They are currently 53 and 56 years old respectively.

new evidence

Gascón’s decision comes after new evidence was released this year in a Netflix documentary about the case. The new evidence is a letter Erik Menendez wrote to his cousin months before the murders, describing his father’s abuse.

Defense attorney Mark Geragos, who represents the brothers, said he received an affidavit from Roy Rossello, a former member of the Menudo group, stating that Jose Menendez also harassed him in the 1980s. Jose Melendez was an RCA executive who signed the band to the label.

Gascón, who announced that he was examining the case, said, “It is important to recognize that both men and women can be victims of sexual abuse.”

At the brothers’ first nationally televised trial, Judge Stanley Weisberg allowed extensive testimony about sexual abuse. The brothers had separate juries and were both deadlocked.

The judge declared a mistrial.

At the brothers’ second, non-televised trial, Weisberg severely limited testimony about sexual abuse, and the jury found them guilty of first-degree murder under special circumstances.

Support from family members

At a press conference last week, members of the Menendez family called on Gascón to resentencing the brothers and demanding their release.

Anamaria Baralt, the brothers’ cousin, formed a coalition called “Justice for Erik and Lyle,” calling the brothers victims of a system that didn’t hear them and a culture that wasn’t ready to listen.

“I have no doubt that if Lyle and Erik’s case were tried today, with the understanding we have about abuse and PTSD, the sentence they would be given would be very different,” Baralt said.

Supporters of the brothers argue that they should be convicted of manslaughter rather than murder, based on the legal theory that self-defense is flawed. In California, the crime of manslaughter carries a maximum sentence of 11 years in prison.

Joan Andersen VanderMolen, the Menendez brothers’ aunt, said her sister struggled for years to come to terms with what happened to her family. He described it as a nightmare that none of his family members could have imagined.

“But as the details of Lyle and Eric’s abuse came to light, it became clear that their actions, while tragic, were the desperate response of two children trying to survive their father’s unspeakable (cruelty).”

Some oppose eviction

The entire Melendez family does not want the brothers to be released.

Kitty Melendez’s brother, Milton Anderson, opposes their release, according to his attorney, Kathy Cady.

“The ‘new evidence’ relied upon by Gascón cannot legally justify reversing the murder convictions of Erik and Lyle Menendez, who meticulously planned and executed the cold-blooded murders of both their parents,” Cady said in a statement.

Cady said Gascón’s office did not contact Anderson about possible resentment, as required by law.

The District Attorney’s Office did not immediately respond to the claim.

The judge will ultimately decide whether the brothers will be released or not.