Summary

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Watch: LA prosecutor recommends resentencing Menendez brothers

  1. A legal decision decades in the makingpublished at 00:02 British Summer Time 25 October

    Erik and Lyle Menendez in courtImage source, Getty Images

    Thursday's developments in the case of the Menendez brothers has been decades in the making, coming 35 years after the two killed their parents.

    Here's what you may have missed:

    We are ending our live coverage of this case here, but you can read more about Thursday's announcement and what happens next, and more about the controversy surrounding the Netflix series about the family.

    Thank you for joining us.

  2. Lawyer for Kitty Menendez's brother hits out at resentencing decisionpublished at 23:46 British Summer Time 24 October

    As we have reported, not everyone in the Menendez' extended families are supportive of the call to release Erik and Lyle Menendez.

    An attorney for the 90-year-old brother of Kitty Menendez - Erik and Lyle's mother, who they killed in 1989 - has said Los Angeles District Attorney George Gascon has "ignored the rights" of Milton Andersen in his decision.

    By not notifying him of his decision to recommend the brothers be resentenced, Gascon has "disregarded the rights" of Andersen.

    Andersen, who "has already endured the unimaginable loss of his sister, Kitty Menendez, in a brutal double homicide", has been "left in the dark, forced to learn crucial updates about his sister's case through the media, rather than being treated with the dignity and respect he deserves", Andersen's lawyer Kathleen Cady said in a statement on Thursday, following the announcement.

    Cady blames Gascon's decision on "desperation" over his re-election campaign, rather being a factual review of new evidence.

  3. Beverley Hills Police said they weren't consulted in decisionpublished at 23:34 British Summer Time 24 October

    The Beverly Hills Police Department - who originally investigated the Menendez murder - said they were not "consulted or contacted" by the district attorney's office regarding Thursday's announcement on the decision to recommend resentencing for Erik and Lyle Menendez.

    "As the investigating agency for the case, the BHPD presented relevant facts and evidence to the Los Angeles County District Attorney's Office, which resulted in the filing of criminal charges at that time," BHPD said in a statement after the news conference.

  4. LA's top prosecutor essentially backs freeing Menendez brothers 12 days before tough electionpublished at 23:24 British Summer Time 24 October

    Christal Hayes
    Reporting from Los Angeles

    With only a little more than a week to go until election day in the US, even developments in murder cases can be seen through a political lens right now. With Los Angeles District Attorney George Gascon facing a tough re-election battle, his move on Thursday to recommend the Menendez brothers be resentenced could be seen as a last-minute effort to energize his campaign.

    Gascon was asked multiple times by reporters in the room at his news conference about this decision being connected to the election - where polls suggest Gascon could be lagging in support by more than 30 points.

    His announcement today essentially backs releasing the Menendez brothers from prison and allowing them to walk free on parole - a giant move in a landmark case that captivated and divided Americans in the 1980s.

    "There's nothing political about this," he told reporters of his decision on Thursday.

    He noted there are a multitude of steps ahead in the case, and Thursday's announcement is just the beginning of what could be a lengthy process that has already divided his office - he even noted members of his office might argue against him in court in the re-sentencing effort.

    Gascon pointed repeatedly to his re-sentencing efforts while in office. He lauded his office's record of resentencing 300 people - including 28 who were convicted of murder.

    "Only four have re-offended," he said of those re-sentenced and released. "If that was a regular recidivism rate in this country, we would be the safest country in the world."

  5. Controversy around Netflix's Menendez dramapublished at 23:09 British Summer Time 24 October

    Cooper Koch (left) and Nicholas Chavez play Erik and Lyle Menendez respectivelyImage source, Netflix
    Image caption,

    Cooper Koch (left) and Nicholas Chavez play Erik and Lyle Menendez respectively

    A recent Netflix drama about the two brothers has brought renewed attention to their case. Los Angeles District Attorney George Gascon said during his news conference announcing their resentencing on Thursday that the popularity of the series also prompted his office to prioritise their review.

    The programme has been criticised by one of the real-life men it is based on.

    Monsters: The Lyle and Erik Menendez Story was released in September and shot to the top of Netflix's streaming chart.

    The show stars Cooper Koch and Nicholas Alexander Chavez as the two brothers, and Javier Bardem and Chloe Sevigny as their parents.

    The drama presents the murders from different perspectives as it explores what might have led the siblings to kill their parents.

    It follows the events surrounding the murders, including the brothers' claims of physical, emotional and sexual abuse.

    But the show also makes efforts to show things from the parents' point of view, something its creators have said was based on extensive research.

    In a statement released on X by his wife,, external Erik Menendez criticised the production the day after it was released, labelling the show "disheartening slander".

    The show's Ryan Murphy responded by saying: "I think it’s interesting that he’s issued a statement without having seen the show."

    Read our full article about the show from back in September here

  6. Gascon explains: no new chargespublished at 22:59 British Summer Time 24 October

    Los Angeles District Attorney George Gascon clarified during his news conference a few minutes ago that Erik and Lyle Menendez will not be receiving new charges of manslaughter, and charges on involuntary manslaughter were not considered.

    The existing murder charges and convictions will still stand, Gascon explained. He said their parents, Kitty and Jose Menendez, were clearly murdered, and that there was premeditation and planning in the crime. But, he said, what wasn't clear was the motive for the killing.

  7. Menendez brothers and other family members not told about resentencing decision beforehandpublished at 22:53 British Summer Time 24 October

    Media caption,

    Prosecutor says Menendez brothers may learn of decision on TV

    The Menendez brothers - like members of the public across the US - were watching the news conference live to find out their fate.

    Neither Erik not Lyle - nor any other family members - had been told that the decision was made ahead of the briefing.

    In fact, the final decision was only taken about an hour before the news conference, District Attorney Gascon said.

  8. Gascon, up for re-election, says this move can't be undone even if he loses next monthpublished at 22:48 British Summer Time 24 October

    George GasconImage source, Reuters

    Gascon, who is up for re-election on 5 November, told the news conference just now that if he loses, any potential successor won't be able to undo his request to the court for resentencing for the Menendez brothers.

    Gascon said once the motion is filed, it's in the hands of the courts to decide.

    Gascon is facing an effort to unseat him in next month's election, and opinion polls suggest his support is trailing far behind challenger Nathan Hochman, a former US assistant attorney general.

    He was asked to talk about his thoughts on the election during this news conference, but said he was not going to discuss politics during the presentation today.

  9. News conference endspublished at 22:38 British Summer Time 24 October

    The news conference with Los Angeles District Attorney George Gascon has ended.

    Stick with us as we update you on everything we learned from his comments and what this could mean for what happens next in the brothers' case.

  10. Gascon's message for the brotherspublished at 22:37 British Summer Time 24 October

    Gascon is asked by a reporter what he would like the Menendez brothers to know.

    He says he would tell them: "We appreciate what they did while they were in prison. While I disapprove of the way they handled their abuse, we hope they have.. learned", he says, and hopes that they can continue to do good if they are reintegrated into society.

  11. We hope Erik and Lyle receive 'justice they deserve' - family memberpublished at 22:34 British Summer Time 24 October

    Next up to speak are two family members of the brothers.

    First is AnnaMaria Baralt, Jose Menendez's niece, and the brothers' cousin.

    She says that we "stand united in our hope and gratitude that Erik and Lyle receive the justice they deserve and finally come home".

    She also thanks LA District Attorney Gascon for his "courage and leadership".

    Another cousin of the brothers, this time the niece of Kitty Menendez, also takes to the podium.

    She says today's developments is not just a legal decision. It's "recognition of the abuse my cousins endured"

    She says it's time for Lyle and Erik "come home".

    "This step gives us all hope that truth will finally be heard," she says.

  12. What happens next?published at 22:26 British Summer Time 24 October

    While Gascon says his office is going to file a recommendation that the Menendez brothers be resentenced and possibly be allowed to be released on parole, he acknowledges this is just the beginning.

    He plans to file his recommendation with the court tomorrow, and after that a judge will have to weigh in. Gascon noted there is opposition to this decision. He says that members of his office are opposed to their release and he noted some of those members might even argued against the brothers in court. There are also members of the Menendez family who have voice opposition to their release, while others have advocated for it.

    Officials in his office said a hearing could be scheduled in the next 30 to 45 days.

    If the resentencing is approved, the case will also have to go before a parole board. He said a parole board would review the case, and the rehabilitation of the brothers and make a judgement on whether they can be released.

  13. Gascon explains how brothers could be eligible for parolepublished at 22:22 British Summer Time 24 October

    Media caption,

    Watch: LA prosecutor recommends resentencing Menendez brothers

    Gascon shares his view that the brothers have been rehabilitated behind bars, while other offenders might not have been if they had been given a sentence in which there they had no chance of freedom.

    Gascon says there might be members of his office who will argue against the Menendez' re-sentencing in court. He says "they have a right to do so" and "we encourage" it.

    He says he will file his recommendation for resentencing tomorrow. He will recommend a life sentence with the opportunity with parole. And because of their age at the time of the murders (they were both younger than 26) - under current law they would now be eligible for parole.

  14. Brothers have 'paid their debt to society' - Gasconpublished at 22:17 British Summer Time 24 October

    If a judge takes up his recommendation, Lyle and Erik Menendez could be eligible for parole immediately, LA DA Gascon says.

    "I believe the brothers were subject to a tremendous about of dysfunction in their home and molestation", he says. He also adds there is no excuse for murder.

    "I believe they have paid their debt to society," Gascon says.

    But "the final decision will be made by a judge", he says.

  15. Prosecutor recommends resentencingpublished at 22:11 British Summer Time 24 October
    Breaking

    LA DA George Gascon says he recommends resentencing the Menendez brothers.

    "Resentencing is appropriate," he says, and says he will make that recommendation to a judge.

    Gascon says there was not total agreement within his office about what should happen, but that his decision was made after a "very careful review."

  16. News conference beginspublished at 22:07 British Summer Time 24 October

    Los Angeles District Attorney George Gascon has just arrived at the podium and is set to give an update on the Menendez brothers murder case.

    You can watch him speak live at the top of this page.

    And we'll bring you text updates in this feed, so stick with us.

  17. A case that divided Americapublished at 22:07 British Summer Time 24 October

    Emma Vardy
    Reporting from Los Angeles

    This is a case which divided America in the 1980s and 1990s.

    The gruesome manner of the killing - in a wealthy neighbourhood of Beverly Hills - was striking, and then the brothers' subsequent televised trial brought the case to the attention of the world.

    But it was the question of whether or not Erik and Lyle Menendez should be believed over the alleged abuse which came to be at the heart of the debate over their case - especially abuse is a subject that is regarded as being much better understood by society now than it was in 1989.

    The question of whether the brothers should be released from prison has continued to attract a huge amount of debate, as even celebrities including Kim Kardashian have got involved. She visited the brothers in prison and later wrote about the case, calling for their release.

  18. Family members sit in front row of news conferencepublished at 21:54 British Summer Time 24 October

    Podium at the Los Angeles County courthouseImage source, US Pool

    We're waiting for this news conference to start, where Los Angeles District Attorney George Gascón is set to announce his decision of a review in the Menendez brothers case.

    Sitting in the front row of the news conference are several members of the Menendez family. More than two dozen extended family members held a news conference recently where they advocated for Erik and Lyle Menendez's release from prison.

    The brothers have served more than 30 years in prison in the 1989 murders of their parents.

  19. Celebrities advocating for brothers' releasepublished at 21:47 British Summer Time 24 October

    Kim Kardashian. File photoImage source, Reuters
    Image caption,

    Kim Kardashian has said the brothers "are not monsters"

    New evidence in the case coupled with a popular Netflix drama about the killings has led to a revival of interest in the Menendez brothers case.

    Celebrities including Kim Kardashian and Rosie O'Donnell have recently publicly advocated for their release.

    Kardashian, who often comments on criminal justice reform and individual cases - authored an essay, writing she had spent time with the brothers and saying, "they are not monsters".

    "I don’t believe that spending their entire natural lives incarcerated was the right punishment for this complex case," Kardashian wrote. "Had this crime been committed and tried today, I believe the outcome would have been dramatically different."

  20. Waiting outside the courthouse in Los Angelespublished at 21:36 British Summer Time 24 October

    Samantha Granville
    Reporting from Los Angeles

    We are standing outside the courthouse in Los Angeles, waiting for George Gason's news conference to begin.

    The courthouse in downtown LA is surrounded by gates.

    When we arrived there was a long line of media waiting to get inside. Officials are being strict with security, requiring two forms of ID to get in.

    There are also a few activists outside holding signs that say, "It’s been long enough".