Recommendation expected today in Menendez brothers' case

By CBS (U.S.) | Created at 2024-10-24 17:32:13 | Updated at 2024-10-24 19:26:18 2 hours ago
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Menendez brothers announcement coming

Menendez brothers potential resentencing recommendation coming 04:41

The Los Angeles County District Attorney's Office is expected to announce a recommendation Thursday on possible resentencing in the case of Erik and Lyle Menendez, decades after the brothers were sentenced to life without parole for the 1989 killings of their parents in Beverly Hills. 

Los Angeles County D.A. George Gascón is holding a news conference at 1:30 p.m. PT (4:30 p.m. ET) to announce his decision following growing calls to consider resentencing for the brothers, who are serving life in prison without the possibility of parole after they were convicted of first-degree murder in the slayings of their parents, José and Kitty Menendez, in 1989. Gascón could also recommend a new trial, or make no recommendation at all, keeping their conviction and sentencing as is. 

Gascón said earlier this month that his office had been looking into the Menendez brothers' case for about a year. The focus of the case has been on why the brothers killed their parents. 

During their highly publicized first trial in 1993, prosecutors argued that the murders were committed out of greed, while defense attorneys said the killings were done in self-defense. The brothers admitted they killed their parents but claimed that they had been sexually, emotionally and physically abused by them. Prosecutors suggested those claims were false. A mistrial was declared, and in a second trial, what defense attorneys called evidence of abuse was excluded. 

In May 2023, the brothers' appellate attorney, Cliff Gardner, filed a habeas petition to challenge the convictions. The petition cited a 1988 letter from Erik Menendez to a cousin where he detailed alleged abuse by his father as new evidence. 

Roy Rosselló, a former member of the boy band Menudo, has also alleged that he was abused by José Menendez, who was an executive at RCA Records, where the band had a recording contract. Gardner has said these circumstances mean the brothers should have been convicted of first-degree manslaughter, not murder, and have received shorter sentences that would have seen them released from prison years ago. 

Two recent high-profile Netflix projects have brought renewed attention to the brothers' case. Gascón said this has helped speed the decision-making process. Family members have also called for the brothers to be freed. 

Kerry Breen

Kerry Breen is a news editor at CBSNews.com. A graduate of New York University's Arthur L. Carter School of Journalism, she previously worked at NBC News' TODAY Digital. She covers current events, breaking news and issues including substance use.

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