Decision expected this week in the Menendez brothers’ fight for freedom

Posted at 9:00 AM, October 23, 2024 and last updated 10:54 AM, October 23, 2024

LOS ANGELES (Court TV) — The Menendez brothers will find out if they have a chance of life outside of prison this week.

On Monday, Los Angeles County District Attorney George Gascón told PEOPLE he will announce his decision on whether or not to recommend resentencing for Erik and Lyle Menendez by the end of the week.

Erik Menendez listens to his attorney Leslie Abramson, as his brother Lyle looks

FILE – Erik Menendez, center, listens to his attorney Leslie Abramson, as his brother Lyle looks on in a Beverly Hills, California, May 17, 1991. (AP Photo/Julie Markes, File)

Gascón also said he doesn’t believe the brothers are a danger to society, saying, “Quite frankly, they probably haven’t been for a very long time, if they ever were. I think this is not like they were going around killing people or robbing people on the street.”

If Gascón recommends the brothers be resentenced, the decision would be ultimately up to a judge.

Erik and Lyle Menendez were found guilty of brutally murdering their parents on March 20, 1996, following a second trial. Months later, they were sentenced to life in prison without the possibility of parole.

MORE | Mendez Brothers: What you want to know

During their first trial in 1993, both brothers testified they killed their parents, Jose and Kitty Menendez, because they feared for their lives after suffering years of sexual abuse at their hands. Prosecutors argued they killed their parents to gain access to their $14 million inheritance.

MORE |  Key players in the Menendez brothers’ murder trial

Earlier this month, Gascón announced his office was looking into new evidence in the case, including a letter Erik sent his cousin, Andy Cano, eight months before the murders that his attorneys say proved he was sexually abused by Jose. The office is also reviewing rape allegations against Jose by ex-Menudo member Roy Rosselló.

Family members of the Menendez brothers held a press conference last week calling for their release.

Watch the full trial of California v. Erik and Lyle Menendez (1993)