More than 3 decades ago brothers Erik and Lyle Menendez were convicted of murdering their parents. Now they are one step closer to being released from prison. 

Erik and Lyle are currently serving life in prison without the possibility of parole in California. On August 20, 1989, Kitty and Jose were in the living room of their Beverly Hills home when the brothers walked in and fatally shot them. Erick was 18 and Lyle was 21 at the time of the murder. Investigators discovered that days after the murder the brothers had been spending their parent’s money lavishly.

The trial began 3 years after the murders took place. The brother relied on the legal doctrine of “Imperfect self-defense.” According to the brothers their dad, Jose Menendez, subjected the boys to sexual and physical abuse while their mother did nothing to stop it. 

The prosecution claimed that the brothers planned the murder with the ultimate goal of claiming their parent’s multimillion-dollar estate. A mistrial was declared on the first trial after jurors could not reach a unanimous verdict on whether they should be convicted of murder or manslaughter. At the retrial, the jury found them guilty of first-degree murder after a five-day deliberation and a 20-week-long trial. 

Los Angeles County District Attorney George Gascón announced that he would try to have a now 53-year-old Erick and 56-year-old Lyle resentenced to 50 years to life making them immediately eligible for parole. 

A resentencing hearing will be on Dec. 11 at the Van Nuys West courthouse in Los Angeles. The brothers made a petition that included two pieces of evidence, including a photocopied letter that Erik wrote to his cousin months before the murders. 

 Gascón has stated that there is “a moral and an ethical obligation” to review evidence that the brothers submitted.