Menendez brothers: Prosecutors recommend resentencing of Erik and Lyle Menendez and immediate parole

Erik and Lyle Menendez could be eligible for parole “immediately” after California prosecutors decided to recommend resentencing the infamous killers’ case.

The case was thrust back into the spotlight when the story was used to inspire the hit Netflix series Monsters: The Lyle and Erik Menendez Story.

Los Angeles County District Attorney George Gascón announced his decision on whether to review the case after spending “hundreds of hours” reviewing “both sides” of the case.

He said the District Attorney’s office did not have a “universal agreement” on whether or not to review the brothers’ case, but after a “careful review of all the arguments” he will recommend resentencing the brothers to the LA court.

“There are people in the office that strongly believe that the Menendez brothers should stay in prison for the rest of their life and they do not believe that they were molested,” DA Gascón told reporters on Friday, local time.

“And there are people in the office who strongly believe that they should be released immediately and that they were in fact molested.”

Mr Gascón said resentencing was ”appropriate” and that he would recommend to the court that “life without the possibility of parole be removed” and the brothers be sentenced for murder — which carries a sentence of 50 years to life.

“However, because of their age, under the law, since they were under 26 years of age, at the time that these crimes occurred, they will be eligible for parole immediately,” he added, but insisted this does not excuse the brothers’ “horrible acts” as 19 and 21-year-olds.

“There is no excuse for murder and I will never imply that what we are doing here is excusing that behaviour.

“But I understand also how sometimes people get desperate. ... And I do believe the brothers were subjected to a tremendous of dysfunction in the home and molestation.”

The DA emphasised that he believed the brothers had been rehabilitated behind bars despite having no chance of freedom. He said they could have easily misbehaved, as other inmates facing life sentences had done.

“Even though they didn’t think that they would ever be let free they engaged in a different journey, a journey of redemption and a journey of rehabilitation,” he said, noting the brothers had also tried to “make life better for others” behind bars, too.

“I believe they have paid their debt to society.”

Mr Gascon will file his recommendation for resentencing on Friday, local time, and said the final decision is up to the judge.

He said members of his office have a right, if they wish, to argue against the Menendez brothers’ resentencing. Members of the Menendez family have also voiced opposition to the brothers’ release, just as others have advocated for it.

Mr Gascón said he accelerated the review of the case, which was already scheduled for a heading in late November after recent documentaries on the matter triggered huge public attention.

“Frankly, our office got flooded with requests for information ... I decided to move this forward because, quite frankly, we do not have the resources to handle all the requests.”

The planned November 26 hearing stems from a defence petition citing what the Menendez brothers’ lawyers argue is new evidence.

One was a letter from Erik Menendez to another family member that appears to be from 1988 and seems to detail alleged abuse that the brothers say caused them to act in self-defence in killing their parents.

The other evidence came from a then-underage member of the 1980s Puerto Rican boy band Menudo who claims that Jose Menendez, who worked as an executive at RCA records at the time, drugged and raped him during a visit to Menendez’s home.

A recent California law on resentencing has also played a part in the case being revisited. The law allows a judge to consider whether the defendants were victims of psychological or physical abuse, whether they are rehabilitated and whether they are a danger to society.

What to know about the Menendez case

Jose and Kitty Menendez were found dead inside their Beverly Hills mansion after being shot multiple times in August 1989.

Their sons Erik and Lyle called the police and told authorities they had returned home to find their parents dead.

Authorities at first did not suspect the brothers, but the duo started to draw scrutiny for their outlandish behaviour — partying, gambling and going on lavish spending sprees.

The brothers confessed their crime to their psychologist, whose girlfriend audio-recorded the admission and gave it to police.

In March 1990, LA Police charged the brothers with their parents’ murder. They went on trial in 1993 and the brothers pleaded guilty to killing their parents but argued it was in self-defence.

During their televised trial, which captured international attention, the brothers outlined years of emotional, physical and sexual abuse —namely by their father.

They told the court they feared their parents would kill them first after confronting them about their abuse.

Prosecutors argued the brothers’ motive was money and painted the brothers as spoiled rich kids who thought they could get away with anything.

Their first trial ended with a mistrial, but a second in 1995 led to them being convicted of first-degree murder.