The resentencing could mean that the brothers will be released on parole.
Erik and Lyle have spent 34 years in prison for the murder of their parents in their Beverly Hills home in 1989.
Their father Jose was shot in the back of the head while their mother Kitty was shot 15 times. Lyle was 21 and Erik was 18 at the time.
The brothers, now aged 56 and 53, were convicted of first-degree murder in 1996 after the second of two trials, and sentenced to life in prison without the possibility of parole.
The trials were highly publicised due to their wealth as the sons of a record company and entertainment industry executive.
“I have to tell you that after very careful review of all the arguments that were made for people on both sides of this equation, I came to a place where I believe that under the law resentencing is appropriate, and I am going to recommend that to a court tomorrow,” said Los Angeles Country Attorney General George Gascón.
“What that means in this particular case is that we’re going to recommend to the court that the life without the possibility of parole be removed and that they will be sentenced for murder, which because there are two murders involved, that will be 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.
“I believe that they have paid their debt to society and the system provides a vehicle for their case to be reviewed by a parole board. And then if the parole concurs with my assessment, and it will be their decision, they will be released accordingly.”
During the brothers’ first trials, defence attorneys presented evidence of Jose’s sexual abuse and argued the brothers were guilty of manslaughter because they killed their parents based on an honest but unreasonable belief that they were in danger. The brothers had separate juries. Both juries could not reach a verdict, resulting in a mistrial.
In 1995, prosecutors retried the brothers. In this trial, much of the evidence of sexual abuse was excluded. Prosecutors argued that the brothers fabricated the abuse. The brothers have been in custody with no chance of parole for nearly 35 years.
In reference to comments from a member of the prosecution team at the time that men could not be raped, Gascón said: “Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence.
“We recognise that it is a widespread issue impacting individuals of all gender identities, and we remain steadfast in our commitment to support all victims as they navigate the long-lasting effects of such trauma.”
The resentencing decision comes after the District Attorney’s office’s Resentencing Unit conducted a meticulous review and confirmation of evidence presented by the defence attorneys, including reviewing materials, drafting court filings, meeting with family members of the Menendez’s, and evaluating the men’s rehabilitation and behaviour while incarcerated.
