Erik and Lyle Menendez’s resentencing hearing has been set for December 11, when a judge will decide whether they will have a shot at freedom after spending 34 years behind bars for the shotgun killings of their parents in 1989 at their Beverly Hills home.
The date was decided on 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 of killing their parents, Kitty and Jose Menendez, and sentenced to life without parole in prison.
The brothers’ lawyers never disputed the pair killed their parents, but argued that they acted out of self-defence after years of emotional and sexual abuse by their father.
Lyle, left, and Erik Menendez sit with defence lawyer Leslie Abramson, right, during their trial in 1990 (AP Photo/Nick Ut, File)
Much of the evidence related to abuse was excluded from their second trial.
Los Angeles County district attorney George Gascon 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 resentencing, the brothers will still need a state parole board to grant their release. California governor Gavin Newsom then has 150 days to review its decision.
Mr Gascon 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, such as a prison beautification programme started by Lyle Menendez.
Multiple generations of family members of Erik and Lyle Menendez have pleaded for the brothers’ release from prison, saying they deserve to be free because they had been “brutalised” and sexually abused by their father.
However, not everyone in Mr Gascon’s office agreed with his decision. One of the brothers’ uncles also wants them to remain in prison. Those opposed to resentencing will likely have an opportunity to argue their case in front of the judge.
Their attorneys said the brothers will also have a hearing on November 25 regarding a habeas petition filed last year, which asks for the court to look at new evidence not previously introduced at their second trial. This could still potentially be another pathway to freedom.
Mr Newsom mentioned the case on iHeartRadio’s Politickin’ podcast recently and said he was reviewing the matter.
He noted that the Netflix drama, Monsters: Lyle and Erik Menendez Story, had brought attention to the case and that his team had examined Mr Gascon’s decision.