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.
Los Angeles County Superior Court Judge Michael Jesic reduced the brothers’ sentences from life without parole to 50 years to life. That means they're now eligible for parole under California’s youthful offender law because they committed the crime under the age of 26. The state parole board must still decide whether to release them from prison.
While the sentence reduction is a major win for the brothers, defense attorney Mark Geragos said he had been seeking to have their charges reduced to manslaughter, which would have allowed them be immediately released. The judge did not go that far.
The brothers appeared via livestream video and spoke for the first time in court before the ruling.
“I killed my mom and dad. I make no excuses and also no justification,” Lyle said in a statement to the court. “The impact of my violent actions on my family ... is unfathomable.”
Erik also spoke about taking responsibility for his actions and apologizing to his family. “You did not deserve what I did to you, but you inspire me to do better,” he said.
The judge said that after he had given “long thought” to what sentences the brothers deserved, he gave them “a lot of credit for changing their lives.”
He said he was especially moved by a letter that was submitted by a prison official who wrote in support of the resentencing, something he had never done for any incarcerated person in 25 years.
“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 were sentenced in 1996 to life in prison without the possibility of parole for murdering their father, Jose Menendez, and 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.
The case has captured the public’s attention for decades. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months.
The defense made their case heard
“We have evolved,” Geragos said. “This is not the '90s anymore. We have a more robust understanding of a lot of things.”
The defense began by calling Anamaria Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed remorse for their actions.
“We all, on both sides of the family, believe that 35 years is enough,” Baralt said. “They are universally forgiven by our family.”
Another cousin, Tamara Goodell, said they would contribute a lot of good to the world if released.
“They are a real family,” Geragos said. “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.”
Diane Hernandez, who also testified during Erik and Lyle’s 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 father.
The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly.
Los Angeles County prosecutors argued against the resentencing. Los Angeles District Attorney Nathan Hochman said the brothers had not taken complete responsibility for the crime.
Geragos emphasized that the purpose of resentencing is to “encourage rehabilitation.”
“That is the law,” Geragos said, “not relitigate the facts of the crime as the D.A. wants to do.”
Former district attorney and fami
ly support resentencing
The previous LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. His office said the case would’ve been handled differently today due to modern understandings of sexual abuse and trauma.
A resentencing petition laid out by Gascón focused on the brothers’ accomplishments and rehabilitation. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for fellow people in prison.
A former judge who said he considered himself tough on crime, Jonathan Colby, told the court that he was impressed with the programs the brothers started during their time in prison to care for older and disabled people in prison. He got to know them over a series of visits.
“There’s not many prisoners I meet like Erik and Lyle that have such concern for the elderly,” he said.
Anerae Brown, who had been formerly incarcerated, cried as he testified about how the brothers helped him heal and get on the path to rehabilitation, leading to his release from prison.
“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.
Jaimie Ding, The Associated Press
