District Attorney George Gascón is reportedly considering reducing the sentences of Lyle and Erik Menendez.
The brothers were convicted of the 1989 murders of their parents, Jose and Kitty Menendez.
Their trial was televised and became one of the biggest true crime stories of the time.
With time served, the Menendez brothers could be released from prison if their life sentence is reversed.
The brothers, currently serving life without parole, gained renewed attention due to Netflix’s Monsters series and their defense’s claims of sexual abuse by their father.
Gascón may opt for resentencing based on new evidence, including a letter from Erik Menendez and a declaration from a former Menudo band member, Roy Rossello, who alleged abuse by Jose Menendez.
How the Menendez brothers could be freed
According to Variety, Gascón, a reformist prosecutor, could seek a new sentence for the brothers if he believes it aligns with “the interest of justice.”
His options include conceding their habeas corpus petition or asking a judge to resentence them to a lighter sentence, likely avoiding the complex legal hurdles of the former.
Resentencing could take into account factors like childhood trauma and good behavior in prison.
The Menendez brothers’ attorney, Mark Geragos, has emphasized that both brothers have been model prisoners, with Lyle earning a college diploma while incarcerated.
Their legal team believes they qualify for a reduced sentence under Gascón’s policies, which have seen over 300 individuals resentenced during his tenure, including some convicted of first-degree murder.
District Attorney George Gascón election battle could reserve the Menendez brothers’ fortune
However, time is of the essence for Gascón, who faces a tough re-election battle on November 5. If he loses to his opponent, Nathan Hochman, any decisions could be reversed before Gascón leaves office on December 2.
Even if Gascón moves forward with the resentencing, the final decision lies with Judge William Ryan, who must determine whether the Menendez brothers still pose a threat to public safety.
The case has divided family members, with some supporting the brothers’ release, while others, like Kitty Menendez’s brother, Milton Andersen, remain opposed. Under California’s Marsy’s Law, family members have the right to voice their concerns in court proceedings.
If resentenced, the Menendez brothers could still face a range of outcomes. Although Gascón may request time served, a judge could impose a new sentence of 25 years to life or more. As the case moves closer to a decision, it remains uncertain whether the brothers will be freed or remain behind bars.