(NewsNation) — The Los Angeles County district attorney is recommending Lyle and Erik Menendez be resentenced after being convicted in 1996 of murdering their parents.
In a press conference Thursday, George Gascón said he is recommending that life sentence without parole be switched to 50 years, and because of their age, the Menendez brothers would be eligible for parole immediately. Gascón said he would make the recommendation to the court Friday.
“I came to a place where I believe, under the law, resentencing is appropriate,” Gascón said. He said some members of his office oppose the decision.
Prosecutors will file the petition Friday, and a hearing before a judge could come within the next month or so, he said.
The announcement comes after relatives of the brothers have come forward in support of a reduced sentence, and public attention has once again focused on the decadesold case.
Both brothers are currently serving two life sentences without parole for the murder of their parents, Jose and Kitty Menendez, in 1989.
A full timeline of the Menendez brothers case
The case attracted controversy at the time, with prosecutors arguing the brothers killed their parents for financial gain and defense attorneys arguing the boys were acting in self-defense after having been sexually abused by their father for years.
There were also legal questions about whether tapes of the boys’ therapy sessions should have been allowed as evidence.
The murders of Jose and Kitty Menendez
The first trial, which was heavily covered by the media as cameras were allowed in the courtroom, ended in 1994 in a mistrial. In a second trial in 1996, the judge banned cameras from the courtroom and limited testimony on the allegations of sexual abuse. The jury in that trial found both brothers guilty.
Jose and Kitty Menendez were found shot to death in their Beverly Hills home in August of 1989. Jose Menendez, a Cuban refugee, was an executive in the entertainment industry.
Police described the murders as exceptionally brutal, and initial speculation centered around a potential mob hit because of Menendez’s business connections.
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Lyle Menendez, then 21, and Erik Menendez, then 18, were later arrested and charged with shooting their parents using shotguns they had purchased not long before the murder.
The Menendez brothers trials
Prosecutors argued that the brothers killed their parents because their father had told them he was writing them out of his will.
As evidence, the prosecution pointed to the brothers’ plans to purchase weapons prior to the day of the murder and the fact that they made an effort to establish an alibi before eventually calling 911 to report their parents’ deaths.
Prosecutors also pointed to the brothers’ behaviors following the crime. The two used the money they inherited to buy expensive items, including Rolex watches, condominiums and Porsches. The brothers also traveled around the world in the aftermath, with Erik Menendez participating in several overseas tennis tournaments.
The defense argued that the brothers had killed their parents after suffering years of sexual abuse by their father, who they said threatened to kill them if they told anyone. Their mother was described as being aware of the abuse and doing nothing to stop it, and the defense argued the boys were in fear for their lives.
Defense attorneys brought forth multiple cousins who testified they knew that Jose Menendez had been molesting his sons during the first trial, while the prosecution argued the allegations were fabricated after the murders.
Controversy over evidence
An initial controversy in the case centered around key evidence in the form of tapes from the boys’ therapist, Jerome Oziel, which were ultimately allowed to be used in court.
The tapes were given to investigators by Oziel’s mistress, Judalon Smyth, who was also a patient of his and who later testified for the defense.
Defense attorneys attempted to have the tapes excluded because communications between a therapist and clients are supposed to be confidential. Ultimately, the court allowed them as evidence on the grounds that Oziel was afraid for his life, which made it acceptable for him to break confidentiality.
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After the first trial ended with a hung jury, a second trial was held. In the second trial, the judge limited the amount of evidence and testimony regarding sexual abuse allegations, and Lyle Menendez did not testify in his own defense.
In the second trial, unlike the first, jurors were not given the option of finding the brothers guilty on a lesser charge of manslaughter, making the murder conviction the only possible option if jurors believed they were guilty.
Both Lyle and Erik Menendez have admitted that they killed their parents. They have filed multiple appeals over the years, and supporters have pushed for a resentencing, arguing that life without parole is too harsh under the circumstances.
New interest in the case
The most recent surge of publicity has coincided with a greater understanding of sexual abuse and more acceptance of the idea that men and boys can also be victims of rape.
New evidence also surfaced in the case, including a letter Erik Menendez wrote to his cousin before the murder, where he discusses the abuse. That letter kicked off a wave of social media discussion of the case among a new generation of people.
The attention also prompted a controversial Netflix series from producer Ryan Murphy and a documentary featuring both brothers, who are now in their 50s.