Let the Brothers Free: DA Gascon Asking to Release Menendez Brothers ASAP

Just like the Menendez brothers did in 1989, Los Angeles District Attorney George Gascon pulled the trigger Friday.

This afternoon, Gascon announced he is seeking a re-sentencing for the brothers who were sentenced to life in prison in 1996 for the shotgun murder of their parents, Jose and Kitty Menendez.

In theory, Erik and Lyle Menendez could be out by Christmas.

While Gascon said he “disapproved” of the way the brothers handled their response to the alleged abuse at the hand of Jose, he decided to move forward with the re-sentencing request because he saw them as model, rehabilitated prisoners who have “paid their dues” for the killings.

Gascon admitted that there was a difference of opinion in his office and that many deputy district attorneys and others “do not believe” the brothers were actually molested.

But, Gascon said, “I believe the brothers were subjected to dysfunction and abuse in the home.” 

Gascon said he will file in court Friday to officially request a re-sentencing of the brothers from life without the possibility of parole to murder with a 50 year sentence. Because (under current California law) the crimes were committed before the brothers were 26 years old, they would become immediately eligible for parole – pending a judge’s decision to allow the re-sentencing and then the parole board saying okay (wonder if Gavin will overrule this?  Nah – all three have and/or had such wonderful hair…)

The brothers have been on ‘a journey of redemption and rehabilitation” during their time in prison Gascon said.

Appropriate or not, Gascon’s decision is unquestionably a desperately political move to try to garner votes for his struggling campaign – he’s down two to one in the polls heading into the November 5 vote – and generate some sort of “buzz” beyond his absurd TikTok efforts to appeal to women (the brother were good looking young men, so that seems to be a bit sexist) and younger people.

As to politics, during his press conference he aggressively (and nastily) refused to talk about the election impacts of the decision, telling at least two reporters onsite that he would “see them outside” if they wanted to talk politics.

There is no question about Erik and Lyle’s guilt – in 1989, they snuck up behind their parents and blew their heads off while they were sitting on a couch eating ice cream.

Between the murders and their second trial (the first ended in a hung jury) that ended with their conviction, the brothers reportedly told people burglars committed the murder, but raised eyebrows by spending lots and lots of what was their parents money (dad was a big wig recording industry exec.)

The shadow that has hung over the murders is the claim (actually probably true) that the brothers were brutally sexually abused by Jose for years and were worried that he was considering killing them both to make sure they wouldn’t tell anyone about the abuse.

The brothers ended up being accused of the murder because one allegedly told a therapist that they did it. In a clear breach of ethics, the therapist allegedly told his girlfriend and she went public with the info after they broke up.

Aside – no matter what, that is an awful way to get caught for murder; there is no mystery writer in the world that would try to sell that scenario as “the twist” in their book.  Even Hercule Poirot would have been nonplussed.

One of the odder claims Gascon made during his press conference was that he only made his final decision “about an hour” before the 2 p.m. event, but that he had invited family members who support releasing the brothers prior to that.

No and no – that’s a lie. As a politician, you do not invite people to attend a press conference who are in favor of X and then announce Y as they stand behind you.

Here’s an example of, like that claim, something that has never happened: “Hey, I would like to thank all of the steelworkers here today to help me announce my support of closing down the steel mill.”

A pair of pro-release family members spoke at the event, but the most prominent anti-release family, Kitty’s brother Milton Andersen, was not even informed of the decision prior to its announcement.

Andersen’s attorney, Kathleen Cady (who also been representing pro bono a number of families who feel Gascon has not done their victim relatives justice) said Gascon’s treatment of her client has been “absolutely criminal,” calling the announcement an “election stunt” that she hopes a judge will see through.

A Gascon staffer said the filing of the request Friday will be just that – a simple filing, no court appearance – and that they hope the entire process takes no more than about 45 days.

That will be after the election and on December 1 Gascon is widely expected to be gone from office, but he said “once it’s filed, it’s filed.” Meaning his opponent Nathan Hochman will not be able to take it back.

For his part, Hochman blasted Gascon for the blatantly political nature of the decision.

“D.A. George Gascon received the Menendez habeas corpus petition in May 2023 and request for resentencing in February 2024. Yet, he has waited until days before the November 5 election, 30 points down in the polls with articles coming about how his failed policies have led to additional murders of innocent people, to release his recommendation for resentencing,” Hochman said. “By releasing it now, Gascon has cast a cloud over the fairness and impartiality of his decision, allowing Angelenos to question whether the decision was correct and just or just another desperate political move by a D.A. running a losing campaign scrambling to grab headlines through a made-for-TV decision. Angelenos and everyone involved deserve better.”

Pretty much sums it up, doncha think?