LOS ANGELES (AP) — Erik and Lyle Menendez will have a new shot at freedom after 35 years behind bars for murdering their parents, a judge ruled Tuesday.
The ruling from Los Angeles County Superior Court Judge Michael Jesic reduced the brothers’ sentences from life in prison without parole to 50 years to life, making them immediately eligible for parole. The state parole board must decide whether to release them.
The judge’s decision followed months of pushback from prosecutors who opposed resentencing, arguing the brothers hadn’t taken adequate responsibility for their crimes. Ultimately prosecutors did not call any witnesses, saying they had presented all of their evidence.
The defense turned to family members and those who knew the brothers since their conviction to speak to their character and rehabilitation. The brothers also addressed the court via video as family members listened on tearfully. Most of the brothers’ family members, including aunts and uncles, have long supported their bid for freedom.
“On Aug. 20, 1989, I killed my mom and dad. I make no excuses and also no justification,” Lyle Menendez said, choking up as he addressed the room. “The impact of my violent actions on my family ... is unfathomable.”
A fast decision
Jesic issued his decision immediately after the brothers spoke. The hearing was slated to last two days, but Jesic made his decision in one, offering the brothers new hope after years of unsuccessful appeals and attempts to win freedom in a case that has captured public attention from the start.
The brothers were convicted in 1996 for murdering their father, Jose Menendez — a powerful record executive — and their mother, Kitty Menendez, in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
While the sentence reduction is a major win for the brothers, defense attorney Mark Geragos said he had been seeking to have , which would have allowed them be immediately released. The judge did not go that far.
“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 have an appearance before the parole board on June 13 as part of a risk assessment report ordered by California Gov. Gavin Newsom to aid in his clemency decision.
Erik Menendez also spoke about taking responsibility for his actions and apologized to his family.
“You did not deserve what I did to you, but you inspire me to do better,” he said.
The judge said he was especially moved by a letter from a prison official who supported resentencing, something the official had never done for any incarcerated person in the 25 years of his career.
Defense witnesses spoke of brothers’ character
The defense called several of the brothers’ cousins, a former judge and a former fellow inmate to the witness stand to testify that the brothers were not only rehabilitated but helped others. Prosecutors cross-examined the witnesses but didn’t call any of their own.
“We all, on both sides of the family, believe that 35 years is enough,” said Anamaria Baralt, a cousin. “They are universally forgiven by our family.”
Diane Hernandez, a cousin who also testified during the brothers’ first trial, spoke about the abuse she witnessed in the Menendez household when she lived with them.
“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 brothers’ father.
The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly.
“They are a real family,” said Mark Geragos, the brothers’ lead attorney, after the hearing. “Real people who have lived through unimaginable horrors. And I’m hopeful and glad that we’re one huge step closer to bringing the boys home.”
Los Angeles County prosecutors argued against the resentencing. Los Angeles District Attorney Nathan Hochman has said the brothers had not taken complete responsibility for the crime.
Geragos emphasized that the purpose of resentencing is to “encourage rehabilitation,” not relitigate the original crime.
“We have evolved,” Geragos said. “This is not the ’90s anymore. We have a more robust understanding of a lot of things.”
Former district attorney and fami
ly support resentencing
The previous LA County District Attorney George Gascón had for the brothers last fall by asking a judge to reduce their sentences. Since their conviction, the brothers have gotten an education, participated in self-help classes and for fellow people in prison, his office said in a petition.
A former judge who said he considered himself tough on crime, Jonathan Colby, told the court that spending time with the brothers and witnessing their growth made him believe in rehabilitation.
Anerae Brown, who had been formerly incarcerated, cried as he testified about how the brothers helped him heal and eventually be released through parole.
“I have children now,” he said. “Without Lyle and Erik I might still be sitting in there doing stupid things.”
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This story has been updated to correct the ruling was issued Tuesday, not Friday, fixes the spelling of Baralt’s first name and corrects that the defense attorney, not the judge, wanted the charges reduced to manslaughter.
