Attorney may seek Menendez brothers’ release amid renewed interest

A high-profile case revisited

In a dramatic twist, District Attorney George Gascón is considering seeking the release of the Menendez brothers, Lyle and Erik. Serving life without parole for the 1989 murders of their parents, Jose and Kitty Menendez, their case has burst back into the spotlight due to the Netflix series “Monsters” and the documentary “The Menendez Brothers.” These productions have revived discussions and debates around the brothers, particularly the claim that they acted in self-defense after enduring years of sexual abuse by their father.

Factors influencing Gascón’s decision

Gascón, known for his reform-driven approach, has indicated some understanding of the Menendez brothers’ plight. He might be contemplating aligning himself with their defense’s plea to reduce their sentences. However, this does not guarantee an immediate release for the brothers—a judge’s approval is crucial, and the political climate adds another layer of complexity with the upcoming elections that could see Gascón ousted.

Possible paths to reduced sentences

If Gascón chooses to display leniency, he has two distinct avenues:

• Petition for habeas corpus: He can request Judge William Ryan to vacate both the judgments and the sentences.
• Resentencing: This approach is more feasible, requiring the DA to acknowledge that a reduced sentence is “in the interest of justice.”

The weight of new evidence

The defense recently brought forward new evidence, including a letter from Erik Menendez to a cousin dated December 1988, alleging abuse, and a declaration from Roy Rossello, a former member of Menudo, claiming that Jose Menendez raped him in 1984. Although critical to the habeas petition, this evidence is not mandatory for a resentencing request.

Determining the “interest of justice”

Gascón’s decision will consider several factors listed in state law and his own Special Directive 22-05, such as childhood trauma, abuse, neglect, or the defendant’s conduct in prison. The brothers’ attorney, Mark Geragos, underscores that both Lyle and Erik have demonstrated exemplary behavior during their incarceration, with Lyle recently earning a college diploma.

Impact of publicization and media attention

The DA’s office appears to have been galvanized by media inquiries spurred by the Netflix show’s release. Gascón, aiming to bring finality to this high-profile case, may take action soon.

The judicial process ahead

Should Gascón pursue a new sentence, the judge must hold a status conference within 30 days. The sentencing could occur immediately or be scheduled for a later date. Although the judge does not have to accede to Gascón’s request, it would carry significant weight unless it is proven that the brothers pose an “unreasonable risk of danger to public safety.”

Familienbeteiligung im Gerichtsverfahren

Marsy’s Law ensures that the victims’ family members can be notified and heard during post-conviction proceedings. While many Menendez family members back the brothers’ release, Kitty’s brother, Milton Andersen, opposes it and has sought legal representation to ensure his voice is included.

Political ramifications and future proceedings

With the November 5 election looming, if Gascón loses, his influence ends on December 2 when Nathan Hochman would take office. Hochman could alter the office’s stance, potentially withdrawing requests for resentencing. However, a judge might insist on adhering to Gascón’s position.

Potential outcomes if resentenced

If the Menendez brothers are resentenced to an indeterminate sentence, their time served would go before the Board of Parole Hearings to determine parole eligibility. The governor holds the final say to approve or reject the Parole Board’s recommendation.

Political motivations and public opinion

At the time of their trials, public sentiment was largely against the Menendez brothers. However, public perspective has shifted over the decades, with many now more sympathetic due to heightened awareness of child abuse. Gascón has even faced a surge of TikTok comments urging for the brothers’ release.

A multifaceted narrative

While critics argue that Gascón’s moves might be politically motivated to overshadow other criticisms of his tenure, his office maintains that pursuing clemency isn’t politically advantageous. Despite the complexities and varied public opinions, this case remains a poignant examination of justice, media influence, and the long-lasting impact of family trauma.

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