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The Menendez Brothers’ Case Is Being Considered For Resentencing. Should They Be Set Free?

The Menendez Brothers’ Case Is Being Considered For Resentencing. Should They Be Set Free?

Menendez Brothers

After nearly 35 years behind bars for the murder of their parents, Erik and Lyle Menendez may get to see the light of day. Los Angeles District Attorney George Gascón filed a petition on Oct. 25 to have them resentenced, slating their hearing for Dec. 11.

Interestingly enough, this comes less than a few weeks after the release of The Menendez Brothers Netflix documentary which covers the murder and includes interviews from the Menendez brothers themselves. The documentary has gained widespread attention by the public, but this isn’t the first time a case has been reconsidered due to heightened interest, according to USA Today.

Lyle Menendez at trial.
Footage of Lyle Menendez at trial from the Netflix documentary, The Menendez Brothers. Photo courtesy of Netflix.
Footage of Erik Menendez at trial from the Netflix documentary, The Menendez Brothers, Photo courtesy of Netflix.

Gascón claims his decision came after reviewing new evidence filed by the brothers’ attorneys last year that suggests that they were abused by their father, Jose Menendez

He also argues that “the Menendez brothers no longer pose a public safety risk,” according to NBC News

The brothers’ path to freedom may be delayed, however; Gascón will be replaced by Nathan Hochman on Dec. 2 after the latter won Tuesday’s election. Hochman said he will “need to become thoroughly familiar with the relevant facts, the evidence and the law,” before the hearing, according to a statement.

Looking back at their 1996 trial, prosecutors argued that the brothers weren’t abused, but instead were motivated by their parents’ fortune which amounted to $15 million at the time. The brothers’ lawyers claimed they suffered sexual abuse by both parents and therefore acted in self-defense.

In retrospect, the resentencing could lead to a similar outcome to the Gypsy Rose Blanchard case which allowed her to be released from prison seven years after the murder of her mother, Claudine “Dee Dee” Blanchard, on the grounds of being medically abused by her for years.

Blanchard has given her own advice for the Menendez brothers if they are to be freed.

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“It’s very difficult to come out to a world that has changed so much even in the time that I spent,” Blanchard said in an interview with TMZ. “Reacclimating is a difficult thing. I would say take your time, adjust properly and get therapy because you need it in this kind of world [and] day and age.”

Nancy Theberge, the deputy of Gascon’s resentencing team, shared hopes that the petition would be looked at by a judge within the next month or so, but it remains to be seen how Hochman’s team will deal with the case moving forward.

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