The progressive Los Angeles County District Attorney George Gascón was unseated by Republican turned-Independent Nathan Hochman during the recent US election, throwing hope for a positive Menendez brothers resentencing outcome into jeopardy.
Hochman ousted the sitting DA following a successful campaign to undermine Gascón in the eye of the public, claiming the former DA’s policies had failed to ensure public safety.
When asked about his stance on current state of Lyle and Erik Menendez’s campaign for freedom, he told CNN:
“Before I can make any decision about the Menendez brothers’ case, I will need to become thoroughly familiar with the relevant facts, the evidence and the law.”
“I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defence counsel, and the victims’ family members. Only then can I make a decision. If for some reason I need additional time, I will ask the court for that time.”
Before clarifying that, if he were to ask the court for more time to familiarise himself with the evidence before the December 11 hearing date, it would not be an indication of a decision either way.
“If I ask for a delay, it won’t be a delay for delay’s sake because I think the Menendez brothers, the victim family members, the public deserve to have a decision done as soon as it can be done in a thorough manner,” he continued in the statement.
Just last month, previous Los Angeles County District Attorney George Gascón, had announced that his office had officially put forward a court recommendation for a Menendez brothers resentencing hearing.
The decision to recommend resentencing for the Menendez brothers, means Lyle and Erik Menendez could walk free as soon as the end of the year, pending the outcome of the court hearing, where their fate will be decided by a judge.
While Gascón had made it clear that his office had been considering the case in recent months, his final decision was only made just an hour before the announcement press conference.
During the press conference, he explained his reasoning for handing down the recommendation, citing the fact that he believed the brothers have served their time.
Speaking about Lyle and Erik Menendez’s history of good behaviour in prison, Gascón said: “It’s more unique, or less usual i guess, when people not only do that but they also begin to engage in ways to make life for others better.”
“In this case the brothers have been doing so for a very long time.”
He went on to say that the Menendez brothers resentencing would officially be put forward for consideration before a court and judge, where the fate of Erik and Lyle Menendez will be decided.
“They have been in prison nearly 35 years I believe they have paid their debt to society,” Gascón stated during the press conference. “The system provides a vehicle for their case to be reviewed by a parole board, and then, if parole concurs with my assessment – and it will be their decision – then they will be released accordingly.”
“We certainly feel very sure not only that the brothers have rehabilitated and that they will be safe to be reintegrated into society, but that they have paid their dues.”
The filing will recommend that the 1996 sentencing of Lyle and Erik – to that of life without the possibility of parole – be changed to 50 years to life – with the possibility of parole.
Gascón went on to explain that laws pertaining to the age of the Menendez brothers when they were originally sentenced (under 26) would enable them to be eligible for parole immediately.
What Happens Next?
“Erik and Lyle Menendez‘s positive transformation, as well as their ability to find meaning and purpose from their current confinement illustrate just how much circumstances have changed since the time they were sentenced to Life Without Parole,” states the petition filed by Los Angeles County District Attorney’s office.
The official paperwork asks the court to resentence the men to 50 years to life on two counts of first-degree murder. Under California law, the brothers would be eligible for youth parole as they were 26 at the time they committed the crime, and have already served a 30 years in prison.
Now that the new DA is set to begin his tenure on December 2, just a week before the hearing date set for December 11, he will technically have the power to withdraw the resentencing recommendation filed by Gascón, however it seems unlikely he will do so.
The action is now sitting with Judge William Ryan in the L.A. Superior Court, who will determine whether to agree to Gascón’s petition. If the judge is partial to the argument put forward, then the matter will be forwarded to a parole board which will have final say on whether Lyle and Erik Menendez will walk free.
Lyle and Erik’s aunt Joan VanderMolen has previously spoken out about the abuse the boys suffered at the hands of their father.
During the press conference, she shared her reaction to the petition being filed, calling the Menendez brothers resentencing decision a “brave and compassionate step forward.”
“This decision is not just a legal matter, it is a recognition of the abuse my cousins endured,” she said. “It is time for Lyle and Erik to come home.”
READ NEXT: The Biggest Revelations From The Menendez Brothers Documentary
Erik & Lyle Menendez’s Aunt Shares Disturbing Case Details, Calls For Their Release
Menendez Brothers: Could Erik & Lyle Be Closer To Freedom?
Who Are The Women Married To The Menendez Brothers?
This article originally appeared on Marie Claire Australia and is republished here with permission.
