The announcement, which Gascón’s critics have claimed is a political maneuver to revive his reelection bid, could lead to the Menendez brothers’ release from prison. 

Lyle Menendez, who was 21 at the time of the grisly killings, and Erik Menendez, then 18, admitted to fatally killing their father, Jose Menendez, and their mother, Kitty Menendez, in 1989 but said they did so because they were sexually abused by their father and feared him. 

The Menendez brothers had separate juries in their first trial, which was televised. A judge declared a mistrial after both juries failed to reach a unanimous verdict. They were tried again, without the television cameras. In 1996, both were found guilty. 

Reignited interest in their case skyrocketed following the recent release of a true-crime drama on Netflix and subsequent social media investigations looking into the murders. 

The brothers are currently serving life without parole in a prison near San Diego. 

Even though Gascón’s recommendation for resentencing carries some weight, it will eventually be up to a judge to decide. 

Gascón said the brothers, who are now in their 50s, had been on “a journey of redemption and rehabilitation” and had “paid their debt to society.” He also told a room filled with 300 journalists from around the world that his office had been divided on whether to support resentencing. 

“There were people in the office who strongly believe the Menendez brothers should stay in prison for the rest of their life, and do not believe they’ve been molested,” he said. “There are people in the office who believe they should be released immediately and were, in fact, molested.”

While he said there was “no excuse for murder” and that he would “never imply that what we’re doing here is to excuse a behavior,” Gascón said sometimes abused people could become “desperate.” 

The district attorney’s Resentencing Unit handled the recommendation for the Menedez case. It was launched in April 2021 with the aim of addressing over-incarceration.

The team, along with Gascón’s Murder Resentencing Unit, has reviewed or is actively reviewing 705 cases, resulting in 332 resentencings, his office said.

The request for resentencing comes at a moment in Gascón’s career where he is struggling to win reelection. 

Gascón, a Democrat, has failed to gain traction with voters. He is pitted against a conservative challenger, Nathan Hochman, who is running as an independent in Los Angeles. Minutes after the resentencing announcement, Hochman hammered Gascón on his timing and motive.

“D.A. George Gascon received the Menendez habeas corpus petition in May 2023 and request for resentencing in February 2024,” Hochman posted on X. “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.”

“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,” he added.

Laurie Levenson, a professor of criminal law at Loyola Law School in Los Angeles who analyzed the Menendez case for media outlets in the 1990s, also questioned Gascón’s decision. She told the New York Times that “the most interesting question for Gascón” is “why this case was given priority at this time.”

Legal expert Lou Shapiro said Gascón’s interest in the Menendez case is undoubtedly linked to his reelection campaign.

“There is this substantial base out there that does believe that prison systems are overcrowded, that the system over penalizes people, so I think he’s trying to tap into that market,” Shapiro told ABC7 Eyewitness News.