How the Menendez brothers could get an early release from prison

Los Angeles County District George Gascón released a statement Wednesday after several family members of Lyle and Erik Menendez spoke out during a news conference in LA and demanded their release from prison.

Gascón has identified two possible ways the men could potentially secure an early release.   

Prosecutors are looking at two new pieces of potential evidence as they review the first-degree murder convictions of the brothers, who fatally shot their parents, Jose and Kitty Menendez, at their Beverly Hills home on Aug. 20, 1989. More than 20 of their relatives gathered outside a courthouse in downtown LA, pleading for their release as they supported the brothers' allegations of sexual abuse at the hands of their father. Both men are serving sentences of life in prison without the possibility of parole.

"They lived in constant fear," their cousin, Karen VanderMolen, told reporters. "No child should ever have to endure that kind of pain. This abuse trapped them. It was painful, and it terrified them. Their father's abuse shattered their lives and the family's and the courts failed them — failed to recognize their trauma compounding this tragedy."

"I believe they have paid for their crimes," she said. "And we, as a family, have all suffered enough."

In May 2023, attorneys for the Menendez brothers filed a habeas corpus petition seeking a review of the case, which could lead to a potential vacating of their murder convictions and an early release from prison. On Nov. 26, the DA's office is expected to respond to that court filing — which cites new evidence including a letter allegedly written by Erik Menendez in 1988 and a rape allegation against Jose Menendez from a former member of the boy band Menudo, Roy Rosselló.

While the habeas petition offers one path toward a potential early release for the brothers, Gascón said he could also recommend resentencing for Lyle and Erik Menendez — a process that depends on their progress behind bars rather than evidence in the case.

"In addition to the habeas filing that is being handled by the office's Writs and Appeals Division, which will be considered by the court, the Menendez brothers' cases are being reviewed by the office's Resentencing Unit for possible resentencing," the DA's office statement reads. "While the habeas filing raises questions about the evidence in the previous trials, the Resentencing Unit focuses on the individuals' rehabilitation and behavior during time served."

Gascón has said he has recommended resentencing in more than 300 cases in LA County. While the prosecutor can make the recommendation, the final decision would be up to a judge.

Mark Geragos, an attorney representing the Menendezes, said both men have worked through their mental health with therapy and rehabilitative programs and Lyle Menendez earned a bachelor's degree from UC Irvine and the California Department of Corrections and Rehabilitation last year. Erik has engaged in meditation while advocating for other survivors of abuse, Geragos said, describing their accomplishments as "exemplary" since they "have had no hope of ever getting out."

While many family members have called for their release, some believe the convicted brothers should remain behind bars. Milton Andersen, brother of Kitty Menendez, criticized Gascón's recent handling of the case through a statement released Wednesday by his attorney, Kathy Cady. 

"The Menendez brothers' cold-blooded actions shattered their family and left a trail of grief that has persisted for decades," the statement reads. "Even Gascón acknowledges there's no doubt about who committed this heinous act."

Joan VanderMolen, Kitty's 92-year-old sister, traveled to Los Angeles to speak out Wednesday and said her nephews suffered "horrific" abuse as children at the hands of their father.

"The truth is Lyle and Erik were failed by the very people who should've protected them — by their parents, by the system, by society at large," she said. "They have grown. They have changed. And they have become better men despite everything that they've been through."

"It's time to give them the opportunity to live the rest of their lives free from the shadow of their past," she said.

No new updates were given by Gascón's office Wednesday but the DA's statement said prosecutors are working on a "thorough and fair" review of the case. 

"Prosecutors are still seeking full documentation of the defense's claims," the statement says. "The office is working as quickly as justice permits."