En Español

Los Angeles County District Attorney George Gascón announced today that his office is considering the possibility of resentencing or overturning the conviction of the Menendez brothers.

"We're here today, first and foremost, to inform the community about the Menendez brothers' case. They were convicted of murdering their parents," Gascón said during a press conference specifically called to address the matter. He explained that Lyle and Erik Menendez's legal team is seeking either a new sentence or to have the previous trial overturned through a habeas corpus petition. "Both options are currently under review by my office," he stated, adding, "The final decision is mine to make."

Gascón also mentioned that he expects to reach a decision by November 29, when the current deadline for a response expires. Both petitions were submitted last year, but the DA's office has been extending the deadline every 90 days since then.

What factors could determine the Menendez brothers' release?

According to press reports, what has changed in the Menendez case are the claims made by former member of Menudo, Roy Roselló. Roselló claimed that José Menéndez, Erik and Lyle's father, sexually abused him when he was a teenager, lending credibility to the brothers' statements that they were also his victims for years.

In addition, there is a letter in the possession of a cousin of the brothers, in which Erik reportedly informed him of the sexual abuse they suffered at the hands of their father.

Testimony regarding Jose Menendez's sexual abuse of his children was not allowed in the brothers' second trial. The jury that convicted them never heard these arguments. Erik and Lyle were sentenced to life imprisonment.

What Does a New Sentence Mean?

Gascón explained that the resentencing process involves a thorough review of all trial documents, including witness testimony and jury deliberations, to determine whether the original sentence was excessive. The decision also considers whether the individuals have shown signs of rehabilitation during their incarceration.

What Happens During a Habeas Corpus Petition?

In a habeas corpus review, the focus is on whether the original trial was unfair or if critical elements were overlooked. It also takes into account whether societal norms have evolved, which might lead to different interpretations of the case. Both of these factors could work in favor of the Menendez brothers, according to legal experts.

New evidence can also be considered during this process, which could potentially alter the jury's original decision. In the Menendez brothers' case, this includes the letter written by Erik and the testimony from Roselló.

Shortly after Gascón's announcement, NBC published an open letter from Kim Kardashian, which reads like a legal manifesto in support of either petition.

The Los Angeles District Attorney emphasized that he was elected four years ago to "bring a modern approach to interpreting the law." Considering that the sentencing of Erik and Lyle Menendez took place 28 years ago, this statement may suggest the direction in which his decision is heading.