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Menendez Brothers 'Don't Deserve to Be in Prison Until They Die,' DA Says (Exclusive Video)

Los Angeles County District Attorney George Gascón believes the Menendez brothers should not spend the rest of their lives in prison.

“Given the totality of the circumstances, I don’t think they deserve to stay in prison until they die,” Gascón said in an interview with co-host Juju Chang IMPACT x Nightline Episode titled “Menendez Brothers: Monsters or Victims?”

The new episode, airing Thursday, October 17 on Hulu, revisits the case of Lyle and Erik Menendez, who were convicted of murdering their parents and are now serving life sentences in a California prison. It includes appeals from friends and family for the brothers' release, as well as interviews with their cousin Karen Vander Molen-Copley, comedian Rosie O'Donnell and their defense attorney Mark Geragos.

The episode comes two weeks after Gascón, who is up for re-election in November, announced in a news conference in downtown Los Angeles that his office was “open” to the Menendez brothers' attempt to be re-sentenced could lead to a new conviction.

“I’m not leaning in either direction right now,” Gascón said. “We have people in the office who are reviewing this very carefully, very experienced attorneys who are reviewing this. Your recommendation will be presented to me, but the final decision will be mine.”

Gascón could recommend that the brothers be resentenced, but ultimately a judge must agree to any recommendation.

Lyle and Erik Menendez were convicted in 1996 of first-degree murder in the deaths of their parents, Jose and Kitty Menendez.

Lyle and Erik Menendez.

AP Photo/Nick Ut


In May 2023, attorneys for the brothers, who are serving life sentences, filed a habeas corpus petition in Los Angeles County Superior Court, citing new evidence in the case.

The new evidence included allegations of sexual abuse by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, against Jose, who he said raped him in the 1980s, as well as a newly discovered letter that Erik wrote to his now-deceased cousin Andy Cano describes his father's alleged sexual abuse months before the murders.

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Gascón told reporters at the press conference on Thursday, October 3, that his office has “a moral and ethical obligation to review what is presented to us” to decide whether the brothers should be resentenced or have a new hearing the case is necessary. Gascón added: “If there had been evidence that was not presented to the court at that time, and if that evidence had been presented, the jury may have reached a different conclusion.”

Kitty and Jose Menendez.

ABC


Lyle was 21 and Erik was 18 when they fatally shot their parents with 12-gauge shotguns in the den of their Beverly Hills, California, home on August 20, 1989.

Jose, the CEO of RCA Records, was hit several times, including directly in the head. Kitty, 47, was shot 15 times, including once in the face.

According to the brothers, the murders came after years of sexual abuse by Jose – abuse that they claimed was ignored by their mother, a former beauty queen.

But prosecutors at the time said the two brothers' motive was greed, citing their lavish spending spree after the murders.

Los Angeles District Attorney George Gascón.

Myung J. Chun/Los Angeles Times via Getty Images


In 1996, three years after their first trial ended in deadlock, the siblings were convicted of the first-degree murders and subsequently sentenced to life in prison without the possibility of parole.

Mark Geragos, the Menendez brothers' post-conviction attorney, tells PEOPLE, “I think anyone who rationally examines the record and the facts and circumstances can only come to one conclusion, they shouldn't be in there.”

He added: “They have served their time.”

If you or someone you know is a victim of sexual abuse, text “STRENGTH” to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.

ABC News Studios' IMPACT x Nightline: Menendez Brothers: Monster or Victim? begins streaming Thursday, October 17, only on Hulu.