Erik and Lyle Menendez, two brothers convicted of murdering their mother and father greater than three many years in the past, are one step nearer to being launched from jail.
The brothers are at present serving life sentences with out the potential for parole in California.
The Los Angeles County district lawyer formally advisable resentencing for each males in a court docket submitting Friday, arguing for lighter sentences for each males. If authorized, the request would make the brothers eligible for parole.
Whereas it is a vital improvement in a case that has captured the nation’s consideration, it is only one step on a protracted highway.
Not everyone seems to be comfortable on the prospect of their freedom.
Request for resentencing consists of particulars of jail time
BBC Information obtained a 57-page court docket movement filed by the District Lawyer’s Workplace, which features a timeline of the case, arguments for why the Menendez brothers deserve a harsh sentence and particulars of their jail time.
The doc consists of impassioned recommendation from jail officers and numerous packages the brothers launched whereas behind bars to assist different inmates, together with these victims of childhood trauma and disabled or aged inmates. It additionally consists of the training levels each brothers earned whereas serving time in jail.
All of this was finished “with none expectation or hope of being launched,” the report states.
It additionally consists of the 30-year disciplinary data of Erik Menendez and Lyle Menendez. Two brothers had been cited for possessing cell phones in a cell they shared with different prisoners.
Erik Menendez additionally had a number of violations, together with two brawls in 2011 and 1997.
The report states that Lyle Menendez was by no means cited for any preventing and was moved from the final inhabitants to the jail’s “particular wants” space in 1997 as a result of “he wouldn’t battle again when attacked.” He was cited twice for contraband – a lighter in 2013 and a pair of latest Adidas sneakers “delivered to him by a feminine customer” in 1998.
“Whereas incarcerated, Eric Menendez and Lyle Menendez have remodeled and brought benefit of significant alternatives to mature, transcend felony pondering, repent, and turn out to be productive members of the neighborhood,” the doc states. members,” including that they had been “able to re-enter society.”
What occurs subsequent?
Friday’s submitting offers the idea for the district lawyer’s workplace’s argument that will likely be introduced to a choose on why the brothers ought to obtain a retrial.
The following step is to schedule a resentencing listening to, the place the choose will hear arguments for and towards the change.
Los Angeles County District Lawyer George Gascón’s workplace requested that they be convicted of homicide.
That may make them “instantly eligible for parole” underneath California legislation based mostly on their age on the time of the crime, the district lawyer stated at a information convention Thursday.
His workplace stated it hoped to schedule a listening to throughout the subsequent 30-45 days and indicated that Lyle and Eric Menendez had been more likely to be a part of the lawsuit.
Hearings will be contentious. Gascón famous that the case has divided his workplace and that his employees will seemingly argue with him in court docket.
If the listening to ends in a choose approving a brand new sentence, consideration will shift to the California Parole Board.
The committee will evaluate the case and whether or not the Menéndez brothers pose a threat to society if launched.
Even when the board approves their launch, Gov. Gavin Newsom could resolve to halt proceedings.
What did the Menendez household say?
Earlier this month, greater than two dozen members of the Menendez household publicly petitioned for the discharge of Eric and Lyle, 35 years after they killed their mother and father, Jose and Kitty Menendez.
The relations declare the boys suffered horrific sexual abuse by the hands of their father and don’t pose a risk to society.
Joan Anderson van der Molen, Kitty Menendez’s sister, believes that “the world is just not ready to imagine that these boys will be raped, or that younger males will be victims of sexual violence.”
Now “we all know higher,” she stated, “a jury right now would by no means have delivered such a harsh verdict.”
However the household does not totally agree.
A lawyer for Kitty Menendez’s brother, Milton Anderson, referred to as the brothers “cold-blooded” and stated their “actions shattered their household and left behind many years of ongoing grief.”
“José was shot six occasions and Katie was shot 10 occasions, together with one which struck her within the face after Eric reloaded.”
Anderson’s lawyer, Kathy Cady, stated Anderson believes his nephews must be jailed for his or her “heinous acts.”
Why did this occur 35 years after the killing?
Neama Rahmani, a felony protection lawyer and former federal prosecutor, instructed the BBC {that a} “excellent storm of PR and politics” had allowed the Menendez brothers to really go free.
He famous that the case has lately attracted consideration from celebrities, a Netflix collection and documentaries, and an “embattled” district lawyer competing to remain in workplace.
“You will by no means see a case like this once more. It is a unicorn.”
The Menendez brothers filed a movement in Could 2023 detailing new proof of their case and asking that their convictions be vacated.
Gascón stated his workplace has been reviewing the case for greater than a 12 months, however stated he determined Thursday to suggest resentencing, simply earlier than a extremely publicized information convention on the landmark case. Hour.
The choice was introduced 12 days earlier than Election Day, the place Gascón is operating for reelection as Los Angeles County district lawyer however has seen his approval ranking drop by 30 factors in some polls. He denied his assertion was political and stated it was a long-term plan.
The choice additionally comes amid renewed consideration on the case. Netflix’s new series Monsters: The Lyle and Eric Menendez Story and the discharge of the documentary “The Menendez Brothers.”
The collection launched the case to a brand new era and attracted the eye of celebrities resembling Kim Kardashian and Rosie O’Donnell, who referred to as for the brothers’ launch.
Why did the Menendez brothers kill their mother and father?
Motive has lengthy been on the coronary heart of the case.
Prosecutors described the brothers as spoiled wealthy youngsters who murdered their rich mother and father of their Beverly Hills mansion to achieve a $14m (£10.7m) fortune.
They argued the pair methodically bought shotguns and shot their mother and father a complete of 13 occasions whereas the couple watched tv. Then they go on playing, partying and procuring sprees, shopping for issues like Rolex watches.
Finally, they confessed to a psychologist, and the physician’s girlfriend recorded their confession and reported it to authorities, finally resulting in their arrest.
The brothers finally admitted to the killings however argued they acted in self-defense after years of emotional, bodily and sexual abuse.
They instructed the court docket they feared their mother and father would kill them in the event that they did not take motion first. Lyle and Eric testified that they confronted their mother and father about sexual abuse, that issues at dwelling turned combative, and that they believed their mother and father had been planning to kill them.
Members of the family testified in regards to the abuse they witnessed, however none stated they witnessed sexual abuse.
The twists and turns of the story made it so notorious that even 35 years later it continues to be a catalyst for brand new documentaries and movies.
