A California Court may decide by Friday (18) to grant Erik and Lyle Menendez a new sentence in a case that shocked the United States.
The two brothers were sentenced in 1996 for the murder of parents, Jose and Kitty Menendez, in a mansion in the luxurious Beverly Hills neighborhood of Los Angeles.
The crime gained even more repercussion after a dramatic series of Netflix, released last year.
Erik and Lyle were convicted after two trials, and the first ended with a divided jury, that is, without a verdict of most jurors.
The two claim that they were psychologically and sexually abused by their father, Joseph, and that the mother knew everything and did not prevent her husband. The defense insisted that the brothers acted in self -defense because they would be at risk of death.
The allegations were never proven definitively and were left out of the second trial, which ended with a conviction of life imprisonment, with no possibility of parole.
The double murder caught the eye for the brutality: José and Kitty were killed in the family TV room with large -caliber weapons, which left the bodies disfigured and a lot of blood at the scene.
Modus Operandi made the police initially believe it was a crime committed by mobsters, the theory that was defended by the brothers to try to mislead the authorities.
Joseph worked in the entertainment industry, which at the time had the influence of the mafia. The brothers were only caught when Erik, the youngest, confessed the crimes to a psychologist, and the story ended up to the police.
Now, more than 30 years after the murders, Erik and Lyle may leave prison, but the way to release is complex.
Resenrementary hearing
The efforts to release the brothers gained strength last year, when the district prosecutor, George Gasco, was in favor of a new sentence.
The argument was that over the more than three decades in the penitentiary, Erik and Lyle showed exemplary behavior and led initiatives for good conviviality and rehabilitation of the inmates.
They created meditation programs, group therapy on childhood trauma and support for people with disabilities and the elderly.
In addition, the prosecutor argued that the alleged sexual abuse suffered by the brothers would be perceived differently by society today and, therefore, the result of the judgment would be another today.
Gascon understood that the brothers paid their debt with the court and, therefore, filed a request for revision of the sentence.
The decision was made amid new evidence of alleged sexual abuse, such as a letter written by one of the brothers before the crimes, in which he claimed to have been molested by his father.
In addition, a person who worked with José Menendez denounced a similar abuse, which made the sibling allegations gain more recognition.
In recent years, family members of Jose and Kitty have come out in defense of release Erik and Lyle, except for one: Kitty’s brother, who died in March.
The practically full support of the family to the brothers also made the appeal to a new sentence, but these efforts were frustrated at the end of last year for a political reason.
Prosecutor Change
In the United States, some district prosecutors are elected by the people and, in the same dispute that took Donald Trump back to the White House, George Gascoon lost reelection and had to leave office.
He was replaced by Nathan Hochman, who is not in favor of a new chance for the brothers.
Hochman states that Erik and Lyle have not fully accepted responsibility for their parents’ murder, arguing that they insist on lying about the case.
He also does not consider the evidence that there was sexual abuse.
With this, the new prosecutor tried to reverse his predecessor’s decision, but last Friday (11), the court denied the request and, therefore, the hearing about the new sentence could be held, which will take place on Thursday (17) and Friday (18) in California.
Despite the victory for the brothers, this decision does not lead to immediate resentment. What was decided was only that the merits of the action can be analyzed.
Paro
The judge will hear the arguments on both sides and may support the recommendation of Hochman’s predecessor, district prosecutor George Gasco, who has requested a new 50 -year imprisonment sentence for Erik and Lyle.
Having served more than 30 years in prison, the brothers would immediately qualify for parole and could leave jail, even with a series of restrictions.
But this right would only be granted later with the decision of a panel of experts, which may contain judges or ex-judges, social workers, criminologists, psychologists, psychiatrists or former police.
Their mission is to determine whether Erik and Lyle Menendez deserve to be released, considering their behavior in prison.
However, the panel’s main purpose will be to decide whether, almost four decades after the brutal murder of Joseph and Kitty, the perpetrators still have a danger to society.
At the resignation hearing, the judge may also choose to follow the current prosecutor’s recommendation, that the siblings should not be released and that the perpetual imprisonment must be maintained.
There is a third way: that the sentence is indeed reduced, but not enough for Menendez to qualify immediately for parole.
In this case, Erik, now 54, and Lyle, 57, would be stuck longer, but could be released eventually.
Brain development
The possibility of a resentment comes from a specific law of California, which paves the way for a sentence revision audience for individuals who were under 26 when they committed their crimes.
The measure is based on a theater
Ria scientific that the brain, especially the area responsible for impulsion control and understanding of the consequences, is still developing until mid -20th or end.
State courts have recognized that young people in this age group are more susceptible to negative influences, but maturity can lead to remorse and rehabilitation.
Governor’s decision
Another way to the freedom of the Menendez brothers is the forgiveness of the governor of California, Democrat Gavin Newson.
In the United States, governors have the prerogative to forgive or alter the sentence of convicted for crimes committed in the state in question.
The murder of José and Kitty was tried as a California state crime and, therefore, forgiving the perpetrators, competes to the current governor, Gavin Newsom. (For federal crimes, the prerogative of forgiveness is only for the president).
Newon has avoided commenting on the case publicly, but in February he made a decision that optimistic to the defense of Menendez.
The governor ordered a committee to elaborate, within 90 days, a report that determines whether the brothers would represent a “irrazable risk” to the public if they were released from prison.
On June 13, the siblings must attend the Commission for the results of the report to be discussed. This appearance is independent of the resentment process, whose merit will be analyzed this Thursday (17) and Friday (18).
If the governor’s report is favorable to the brothers’ release, Gavin Newon can grant forgiveness, which can be applied in two ways.
The first would be a change in the sentence for Erik and Lyle to become immediately qualified for parole.
In this case, another panel of experts would evaluate the possibility according to behavior in recent decades in jail and will again consider the risk of threat to society.
But the governor can also forgive the crimes in full and thus the brothers would be released almost immediately.
This content was originally published in Understand the way to possible freedom of the Menendez brothers in the US on the CNN Brazil website.
Source: CNN Brasil
Bruce Belcher is a seasoned author with over 5 years of experience in world news. He writes for online news websites and provides in-depth analysis on the world stock market. Bruce is known for his insightful perspectives and commitment to keeping the public informed.
