By james art The date was set Wednesday by Los Angeles County Superior Court Judge Michael Jesic after prosecutors submitted a recommendation for sentencing the brothers last week.
After an initial botched jury trial for each of the brothers, they were convicted of murdering their parents, Kitty and Jose Menendez, and sentenced to life in prison without parole.
The brothers’ lawyers never disputed that they killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse from their father.
Much of the evidence related to violence was excluded from their second trial.
Los Angeles County District Attorney George Gascon said his office would recommend that the brothers be given sentences of 50 years to life in prison, which would make them immediately eligible for parole because they were under the age of 26 when it was committed the crime.
If the judge approves the re-sentencing, the brothers would still need a state parole board to authorize their release. California Governor Gavin Newsom then has 150 days to reconsider his decision.
Mr. Gascon said he took several factors into account when making his recommendation, including the brothers’ rehabilitation in prison.
In documents filed by his office, prosecutors pointed to the brothers’ educational achievements — both earned multiple degrees — and community contributions, such as a prison beautification program started by Lyle Menendez.
Multiple generations of Eric and Lyle Menendez’s family members pleaded for the brothers’ release from prison, saying they deserved to be free because they were “brutalized” and sexually abused by their father.
Not everyone in Mr. Gascon’s office agreed with his decision, however. One of the brothers’ uncles also wants them to stay in prison. Those opposing the grievance will likely have an opportunity to argue their case to the judge.
Their lawyers said the brothers will also have a hearing Nov. 25 on a habeas petition filed last year that asks the court to consider new evidence not previously presented at their second trial. This could potentially be another path to freedom though.
Mr. Newsom recently mentioned the case on iHeartRadio’s Politickin’ podcast and said he was reviewing the matter.
He noted that the Netflix drama, Monsters: Lyle and Erik Menendez Story, had drawn attention to the case and that his team had studied Mr. Gascon’s decision.