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Lyle and Erik Menendez 'Don't Deserve to Be in Prison Until They Die': L.A. County District Attorney

S.Martin31 min ago

L.A. County District Attorney George Gascón speaks out on an episode of ABC News Studio's "IMPACT x Nightline" streaming on Hulu on Thursday, Oct. 17

Los Angeles County District Attorney George Gascón believes the Menendez brothers shouldn't be in prison for the rest of their lives.

"Given the totality of the circumstances, I don't think they deserve to be in prison until they die," Gascón told co-anchor Juju Chang in an IMPACT x Nightline episode titled "Menendez Brothers: Monsters or Victims?"

The new episode, streaming on Hulu on Thursday, Oct. 17, revisits the case of Lyle and Erik Menendez, who were convicted of murdering their parents and are now serving life sentences in a California prison. It features pleas for the brothers' release from friends and family members, as well as interviews with their cousin Karen VanderMolen-Copley, comedian Rosie O'Donnell and their defense attorney Mark Geragos.

The episode comes two weeks after Gascón, who is up for reelection in November, announced in a press conference in downtown Los Angeles that his office was "keeping an open mind" about the Menendez brothers' bid to be resentenced, which might lead to their release.

"I'm not leaning in any direction right now," Gascón said. "We have people in the office that are looking at this very carefully, very experienced lawyers that are looking at this. Their recommendation will be presented to me, but the final decision will be mine."

Gascón could recommend that the brothers be resentenced, but ultimately, a judge will have to approve any recommendation.

Lyle and Erik Menendez were convicted of the first-degree murders of their parents Jose and Kitty Menendez in 1996.

Related: D.A. 'Keeping an Open Mind' About Menendez Brothers' Push for Release

In May 2023, attorneys for the brothers, who are serving life sentences, filed a habeas corpus petition with the Los Angeles County Superior Court, citing new evidence in the case.

The new evidence cited included sexual abuse allegations by Roy Rosselló , a former member of the Puerto Rican boy band Menudo, against Jose, whom he claims raped him in the 1980s, as well as a newly discovered letter Erik wrote to his now-deceased cousin Andy Cano describing his father's alleged sexual abuse months before the killings.

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Gascón told reporters at the Thursday, Oct. 3 press conference that his office had "a moral and an ethical obligation to review what is being presented to us" to decide if the brothers should be resentenced or if a new hearing of the case is "appropriate." Gascón added, "If there was evidence that was not presented to the court at that time, and had that evidence been presented, perhaps a jury would have come to a different conclusion."

Lyle was 21 and Erik was 18 when they fatally shot their parents using 12-gauge shotguns in the den of their Beverly Hills, Calif., home on Aug. 20, 1989.

Jose, who was the chief operating officer of RCA Records, was hit multiple times, including point blank in the head. Kitty, 47, was shot 15 times, including once in the face.

The killings, according to the brothers, came after years of sexual abuse by Jose — abuse which they claimed was ignored by their mom, a former pageant queen.

However, prosecutors at the time said the two brothers' motive was greed and cited their lavish spending spree after the slayings.

In 1996, three years after their first trial ended in a deadlock, the siblings were convicted of the first-degree murders and subsequently sentenced to life in prison without the possibility of parole.

Related: 'Optimistic' Menendez Brothers Speak Out in Netflix Documentary: 'Everyone Asks Why We Killed Our Parents'

Mark Geragos, the Menendez brothers' post-conviction attorney, tells PEOPLE, "I think anybody who rationally examines the record, and the facts and circumstances can only come to one conclusion, they should not be in there."

He adds, "They've done their time."

If you or someone you know has been a victim of sexual abuse, text "STRENGTH" to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.

ABC News Studios' IMPACT x Nightline: Menendez Brothers: Monsters or Victims? begins streaming on Thursday, Oct. 17, only on Hulu.

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