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Menendez brothers prosecutor announces resentencing decision

Date: 2024-10-24
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Los Angeles' top cop says he has reached a decision on whether his office will seek a reduced sentence for the Menendez brothers.

Erik and Joseph "Lyle" Menendez ambushed their parents with shotguns in the living room of their Beverly Hills mansion in 1989.

Their first trial ended in a mistrial. They were both convicted after their second trial and sentenced to life in prison without the possibility of parole.

However, under a new California law, district attorneys have the authority to request new sentences that were handed down before they took office.

LETTER AT CENTER OF MENENDEZ BROTHERS' BID FOR FREEDOM CALLED INTO QUESTION

Lyle Menendez in a blue sweater and Kyle Menendez in a coral sweater sit with attorney Leslie Abramson, both putting hands to their mouths and chin

Erik Menendez (C) and his brother Lyle (L) are pictured on Aug. 12, 1991 in Beverly Hills.  (MIKE NELSON/AFP via Getty Images)

The brothers and their supporters, including two dozen relatives, petitioned Los Angeles District Attorney George Gascon for a resentencing earlier this year, arguing that new evidence shows the brothers were sexually abused and molested by their father.

The new evidence includes allegations made public last year that their father also molested Roy Rossello, a former member of the boy band Menudo, in the 1980s, and a letter that Erik Menendez wrote to his cousin, Andy Cano, which surfaced in 2015, years after the latter's death.

Menendez brothers

Erik Menendez, left, and Lyle Menendez are serving life sentences after being convicted of killing their parents. (California Department of Corrections and Rehabilitation via Associated Press)

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The date the letter was written has been challenged by critics of the brothers' potential release. The defense said he sent it to his cousin eight months before the murders.

Gascon is up for reelection in less than two weeks and faces a strong challenge from independent candidate Nathan Hochman, a former federal prosecutor. Critics have called his involvement in the high-profile case politically motivated. But there is also some public support for the brothers' release after a series of recent documentaries attracted attention to their case, including one on FOX Nation.

WATCH ON FOX NATION: MENENDEZ BROTHERS: VICTIMS OR VILLAINS?

The brothers unloaded shotguns at their father, former RCA Records executive Jose Menendez, and their mother, Mary "Kitty" Menendez, while the couple was watching TV at 10:30 p.m.

They ran out of shells and had to go outside to get more in order to finish off their mother, who investigators said had blood on the bottom of her shoes, indicating that she tried to escape after the shooting began.

Menendez family photo from the 1980s

An undated photo of the Menendez family as it appears on screen during a panel at CrimeCon 2024 in Nashville, Tennessee, on Sunday, June 2. The brothers Lyle and Erik were convicted of fatally shooting both of their parents in 1989.  (Michael Ruiz/Fox News Digital)

Not all of the brothers' family members support their release.

Kitty Menendez's brother, Milton Andersen, vehemently opposes a reduced sentence and on Wednesday asked the judge overseeing the case to keep his nephews in prison for the rest of their lives – as they were sentenced originally.

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"It’s Milton Andersen’s continued belief that the claims of molestation were made up, and they were false, and he believes that the correct verdict was issued by the jury and the correct sentence was also committed," his attorney Kathleen Cady told Fox News Digital.

This is a breaking news story.

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