LOS ANGELES: Erik and Lyle Menendez still have a long way to go before they can walk out of prison, even though the Los Angeles County district attorney has recommended their life-without-parole sentences be thrown out and the brothers be resentenced and immediately eligible for parole.
The brothers, convicted in the 1989 killings of their parents at the family’s Beverly Hills mansion, will need to get a judge to go along with the recommendation Los Angeles District Attorney George Gascón made Thursday and then a parole board must approve their release. The final stop is with Gov. Gavin Newsom, who could reject the board’s decision.
It’s an uncertain process likely to stretch out over months.
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted they fatally shot their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez. The brothers said they feared their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years.
Prosecutors at the time contended that there was no evidence of molestation. The brothers’ first trial ended in a hung jury, and prosecutors secured a conviction in the second after much of the evidence of abuse was disallowed from the trial. The district attorney’s office also said back then that the brothers were after their parents’ multimillion-dollar estate.
Now, the DA and relatives say the world better understands the role of trauma in sexual abuse cases.
Critics accuse DA of playing politics
Meanwhile, Gascón faces fights over his resentencing recommendation: His opponent in his bid for reelection next month, as well as some of his own prosecutors, have called the latest development in the case politically motivated and the result of a recent Netflix documentary about the notorious crime.
Michele Hanizee, president of the Association of Los Angeles Deputy District Attorneys, on Wednesday said Gascón’s decision smacks of “opportunism” to get headlines.
“Throughout his disastrous tenure as DA, Gascón has consistently prioritized celebrity cases over the rights of crime victims, showing more interest in being in the spotlight than in upholding justice,” Hanizee said in a statement.
But the district attorney said he made the final decision only an hour before Thursday’s news conference and it was separate from politics.
Since their sentencing in 1996, the brothers have been model prisoners, Gascón and their attorney say, and committed themselves to rehabilitation and redemption.
“I came to a place where I believe, under the law, resentencing is appropriate,” Gascón said during the news conference.
What comes next?

Gascón’s office filed paperwork Thursday that recommends the brothers — now 54 and 56 years old — receive a new sentence of 50 years to life. Because they were under 26 years old at the time of the crimes, they would be eligible for parole immediately.
“I believe that they have paid their debt to society,” the DA said.
A hearing before a judge could come within the next month or so. If the judge agrees to the resentencing, the state parole board will hold its own proceeding to determine whether they should go free. If the board recommends parole, Newsom would have 150 days to review the case. The governor could green-light parole, or overrule the board and deny their release.
Despite Gascón’s goal of freeing the brothers, Laurie Levenson, a professor of criminal law at Loyola Law School in Los Angeles, warned that the judge would not likely be a “rubber stamp” due to dissent within the DA’s office.
“That puts the judge actually in a very challenging position,” Levenson said, noting she had not heard of any cases until recently where the head of the office disagreed with other lawyers involved in the case. Ultimately, Gascón chose the “safest route” for his decision — leaving it up to the court and parole board, she said.
Mark Geragos, an attorney for the brothers, has said he’s hopeful the brothers could be freed by Thanksgiving. Levenson called that deadline “awfully hopeful.”
Family largely unites to call for brothers’ freedom
The brothers’ extended family has pleaded for their release. Several family members have said that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life without parole.
Anamaria Baralt, a niece of Jose Menendez, said the district attorney’s “brave and necessary” decision means “Lyle and Erik can finally begin to heal from the trauma of their past.”
Not all Menendez family members support resentencing. Attorneys for Milton Andersen, the 90-year-old brother of Kitty Menendez, filed a legal brief seeking to keep the brothers’ original punishment.
“They shot their mother, Kitty, reloading to ensure her death,” Andersen’s attorneys said in a statement Thursday. “The evidence remains overwhelmingly clear: the jury’s verdict was just, and the punishment fits the heinous crime.”
DA’s challenger weighs in
The LA district attorney is in the middle of a tough reelection fight against former federal prosecutor Nathan Hochman, who has blamed Gascón’s progressive reform policies for recent high-profile killings and increased retail crime.
Gascón said Thursday that his office has recommended resentencing for some 300 offenders, including people behind bars for murder.
Hochman questioned the timing of the Gascón’s announcement, coming less than two weeks before the election and calling it a “desperate political move.”
He said he is unable to form his own opinion on the case without access to confidential records and relevant witnesses.
“If I become DA and the case is still pending at that time, I will conduct a review consistent with how I would review any case,” Hochman said.
Geragos said the DA took the case seriously before there was any talk of him losing reelection.
New attention to case
The case has gained new traction in recent weeks after Netflix began streaming the true-crime drama ” Monsters: The Lyle and Erik Menendez Story.”
Roy Rossello, a former member of the Latin pop group Menudo, also recently came forward saying he was drugged and raped by Jose Menendez when he was a teen in the 1980s.
Rossello spoke about his abuse in the 2023 Peacock docuseries “Menendez + Menudo: Boys Betrayed.” His allegations are part of the evidence listed in the petition filed last year by the Menendez brothers’ attorney in seeking a review of their case.
Menudo was signed under RCA Records, which Jose Menendez headed at the time.

APIA: King Charles III took part in a traditional kava-drinking ceremony before a line of bare-chested, heavily tattooed Samoans and was declared a “high chief” of the one-time Pacific island colony Thursday.
The British monarch is on an 11-day tour of Australia and Samoa, both independent Commonwealth states — the first major foreign trip since his cancer diagnosis earlier this year.
Wearing a white safari-style suit, the 75-year-old king sat at the head of a carved timber longhouse where he was presented with a polished half-coconut filled with a narcotic kava brew.
The peppery, slightly intoxicating root drink is a key part of Pacific culture and is known locally as “ava.”
The kava roots were paraded around the marquee, prepared by the chief’s daughter and filtered through a sieve made of dried bark.
Once ready, a Samoan man screamed as he decanted the drink, which was finally presented to the king.
Charles uttered the words: “May God Bless this ava” before lifting it to his lips.
Charles’s wife, Queen Camilla sat beside him, fanning herself to ease the stiffing tropical humidity.
Many Samoans are excited to host the king — his first-ever visit to the Pacific Island nation that was once a British colony.
The royal couple visited the village of Moata’a where Charles was made “Tui Taumeasina” or high chief.
“Everyone has taken to our heart and is looking forward to welcoming the king,” local chief Lenatai Victor Tamapua told AFP ahead of the visit.
“We feel honored that he has chosen to be welcomed here in our village. So as a gift, we would like to bestow him a title.”
Tamapua raised the issue of climate change and showed the king and queen around the local mangroves.
“The high tides is just chewing away on our reef and where the mangroves are,” he told AFP, adding that food sources and communities were being washed away or inundated.
“Our community relies on the mangrove area for mud crab and fishes, but since, the tide has risen over the past 20 years by about two or three meters (up to 10 feet).”
The king is also in Samoa for the Commonwealth Heads of Government Meeting, and will address a leaders’ banquet on Friday.
The legacy of empire looms large at the meeting.
Commonwealth leaders will select a new secretary-general nominated from an African country — in line with regional rotations of the position.
All three likely candidates have called publicly for reparations for slavery and colonialism.
One of the three, Joshua Setipa from Lesotho, told AFP that the resolution could include non-traditional forms of payment such as climate financing.
“We can find a solution that will begin to address some injustices of the past and put them in the context happening around us today,” he said.
Climate change features heavily on the agenda.
Tuvalu, Vanuatu and Fiji have backed calls for a “fossil fuel non-proliferation treaty” — essentially calling for Australia, Britain and Canada to do more to lower emissions.
Pacific leaders argue the trio of “big countries” have historically accounted for over 60 percent of the 56-nation Commonwealth’s emissions from fossil fuels.
Vanuatu’s special envoy for climate change Ralph Regenvanu called on other nations to join the treaty.
“As a Commonwealth family, we look to those that dominate fossil fuel production in the Commonwealth to stop the expansion of fossil fuels in order to protect what we love and hold dear here in the Pacific,” he said.
Australia’s foreign minister Penny Wong said her gas and mineral-rich nation was working to be cleaner.
“We know we have a lot of work to do, and I’ve been upfront with every partner in the Pacific,” she said.
Pacific island nations — once seen as the embodiment of palm-fringed paradise — are now among the most climate-threatened areas of the planet.