Erik and Lyle Menendez will have a new shot at freedom after 35 years behind bars for murdering their parents, a judge in the US ruled this morning.
Los Angeles County Superior Court Judge Michael Jesic reduced the brothers’ sentences from life without parole to 50 years to life.
They’re now eligible for parole under California’s youthful offender law because they committed the crime under the age of 26. The state parole board must still decide whether to release them from prison.
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“I killed my mum and dad. I make no excuses and also no justification,” Lyle said in a statement to the court.
“The impact of my violent actions on my family … is unfathomable.”
Erik also spoke about taking responsibility for his actions and apologising to his family.
“You did not deserve what I did to you, but you inspire me to do better,” he said.
“I’m not saying they should be released, it’s not for me to decide,” Jesic said.
“I do believe they’ve done enough in the past 35 years, that they should get that chance.”
The brothers did not show any apparent emotion during most of the testimony as they appeared via livestream video.
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They were sentenced in 1996 to life in prison without the possibility of parole for murdering their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home in 1989.
The brothers were 18 and 21 at the time.
While defence attorneys argued the brothers acted out of self-defence after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
The case has captured the public’s attention for decades – and last year, the Netflix drama Monsters: The Lyle and Erik Menendez Story and documentary The Menendez Brothers brought new attention to the case.
Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months.
The defence made their case heard
“I just know that on a day like today, redemption is possible,” defence attorney Mark Geragos said.
“The fact is the Menendez brothers have done remarkable work. Today is a great day after 35 years.
“We have evolved. This is not the ’90s anymore. We have a more robust understanding of a lot of things.”
The defence began by calling Ana Maria Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed remorse for their actions.
“We all, on both sides of the family, believe that 35 years is enough,” Baralt said.
“They are universally forgiven by our family.”
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Another cousin, Tamara Goodell, said she had recently taken her 13-year-old son to meet the brothers in prison, and that they would contribute a lot of good to the world if released.
Diane Hernandez, who also testified during Erik and Lyle’s first trial, spoke about the abuse she witnessed in the Menendez household when she lived with them and the so-called “hallway rule.”
“When Jose was with one of the boys … you couldn’t even go up the stairs to be on the same floor,” Hernandez said of the father.
Judge reduced charge to manslaughter
Attorneys for the brothers proved they had been rehabilitated in prison and deserve a lesser sentence of 50 years to life.
They’re now eligible for parole under California’s youthful offender law because they committed the crime under the age of 26.
The judge reduced their charges to manslaughter, and gave them time served to allow them to be immediately released.
Los Angeles County prosecutors argued against the resentencing.
They said the brothers have not taken complete responsibility for the crime.
Geragos emphasised that the purpose of resentencing is to “encourage rehabilitation”.
“That is the law,” Geragos said, “not (to) relitigate the facts of the crime as the D.A. wants to do.”
Former district attorney and family support resentencing
The previous LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences.
His office said the case would’ve been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers’ rehabilitation over three decades in prison.
A resentencing petition laid out by Gascón focuses on the brothers’ accomplishments and rehabilitation.
The brothers’ attorneys say their clients have worked hard to better themselves and give back to the prison community.
The extended Menendez family, with the exception of an uncle who died in March, has said they fully forgive the brothers for what they did and want them to be freed.
Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates.
A former judge who said he considered himself tough on crime, Jonathan Colby, told the court that he was impressed with the programs the brothers started during their time in prison to provide aid and care for older and disabled inmates.
He got to know them over a series of prison visits.
“There’s not many prisoners I meet like Erik and Lyle that have such concern for the elderly,” he said.
Former inmate Anerae Brown cried as he testified about how the brothers helped him heal and get on the path to rehabilitation, leading to his release from prison.
He called the programs they started “Menendez University”.
“I have children now,” he said.
“Without Lyle and Erik I might still be sitting in there doing stupid things.”
The new LA prosecutor changed course
The current district attorney Nathan Hochman reversed course from Gascón and opposed the brothers’ resentencing.
Hochman’s office has said it does not believe that the brothers were sexually abused by their father.
Prosecutors also say the brothers have not admitted to lying during their trial.
Outside the courthouse Tuesday morning, Hochman said he believes the brothers are not ready for resentencing because “they have not come clean” about their crimes.
“Our position is not ‘no,’ it’s not ‘never,’ it’s ‘not yet,'” Hochman said.
“They have not fully accepted responsibility for all their criminal conduct.”
Recently, prosecutors cited the forensic psychologist’s analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behaviour.
It came to the conclusion that they were “moderately more likely” than others to engage in violence in the community, Hochman said.
With Hochman in charge, prosecutors attempted twice to withdraw their office’s resentencing petition. Los Angeles County Superior Court Judge Michael Jesic ruled both times that the resentencing hearings could continue despite their opposition.
The judge could decide on the resentencing from the bench during the hearing or issue a written ruling later.
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