Menendez brothers eligible for parole in 1989 murders of parents, paving way for possible release
A Los Angeles judge ruled Tuesday that the Menendez brothers are eligible for parole in the August 1989 shotgun deaths of their parents, a decision that moves the two men significantly closer to possible release from prison.
Erik and Lyle Menendez, held in custody since 1990 and originally sentenced to two consecutive life terms without the possibility of parole, were each handed a new sentence of 50 years to life by Los Angeles County Superior Court Judge Michael Jesic.
"They (the brothers) had tears and they were smiling," Menendez attorney Cliff Gardner told Los Angeles television station KNBC-TV, relaying what he saw from the video link in court immediately after the ruling.
The brothers were convicted of murdering their wealthy parents, Jose and Kitty Menendez, after unsuccessfully arguing that they acted in self-defense following years of physical and sexual abuse.
A wave of public attention and support – much of it spurred by a Netflix series and a documentary about the case – fueled recent attempts to reconsider their sentences and get the brothers released from prison. State parole officials will now review the case and decide whether the brothers should be released from prison.
The brothers, now 57 and 54, who appeared for the re-sentencing proceeding via live video feed from prison in San Diego, will remain incarcerated for the time being.
"Ultimately we are here today with this result because of Erik and Lyle because they chose to live their lives with clarity and a purpose of service that the judge was impressed by," Anna Maria Baralt, Jose Menendez’s niece told reporters outside the courthouse after the judge's ruling. "So a huge thanks to them for being the kind of people we could bring home."
The re-sentencing ruling capped a day-long hearing in which several relatives, a retired judge and a former fellow inmate testified in support of defense efforts to shorten the brothers' sentence to time already served, or at least gaining their eligibility for parole.
"I know on a day like today, redemption is possible," Mark Geragos, attorney for the brothers, said outside the courthouse after the judge's ruling. Geragos was flanked by Menendez family members as he spoke with reporters. "The fact is the Menedez brothers have done remarkable work and today is a great day after 35 years."
The brothers' supporters have cited the rehabilitative work the brothers have done in prison. Erik Menendez helped found a hospice program for terminally ill inmates and Lyle Menendez founded a program that focuses on helping inmates understand their childhood trauma including sexual abuse.
"The takeaway for me," said Geragos, is "their trauma has become the subject of prurient interest but they are a real family, real people who have lived through unimaginable horrors and I'm hopeful and glad we're one huge step closer to bringing the boys home."
At their trial in the 1990s, the brothers admitted to committing the killings but insisted they did so out of fear that their parents were about to kill them following years of sexual abuse by their father, a wealthy entertainment industry executive, and emotional battering by their mother.
Former District Attorney George Gascon petitioned for a re-sentencing last autumn, citing new evidence purported to bolster the brothers' claims that they were molested and a prison record showing they had achieved rehabilitation while incarcerated.
Gascon said the pair had paid their debt to society and should be eligible for parole under the state's youthful offender statute since they were younger than 26 at the time of their offense. Lyle was 21 and Erik was 18.
Meanwhile, District Attorney Nathan J. Hochman reiterated his stance that the brothers are not ready for resentencing because they have "failed to come clean about the full extent of their criminal conduct, their coverup, their lies and their deceit over the past 30 years."
Hochman said their claim that they carried out the killings in self-defense was "a lie" and noted a recent evaluation by the state parole board that determined that the brothers pose a "moderate risk" to pubic safety. "The Menendez brothers are not ready for resentencing in this hearing," he said ahead of the hearing.
The brothers currently are vying for their release through at least two processes, resentencing and clemency. The latter is being considered by California Gov. Gavin Newsom.
At Newsom's request, the state parole board put together a "risk assessment" on whether the brothers would pose a risk to the public if released. The report found that the brothers pose a "moderate risk" and cited several violations, including their possession of cellphones while in prison, Hochman said.
At a hearing on May 9, Hochman again tried to revoke the resentencing petition supported by his predecessor, citing the parole board's report. The judge denied his request and largely dismissed the board's findings.
At the same hearing, Geragos also withdrew his petition to get Hochman kicked off the case, saying he wished to move the proceedings forward.
CONTRIBUTING: Reuters