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Menendez Brothers Resentencing Hearing Set For December

Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut, File)

Erik and Lyle Menendez, who have spent 34 years in prison for the shotgun killings of their parents in 1989, will have a resentencing hearing on Dec. 11. The brothers were convicted of killing their parents and sentenced to life without parole after an initial mistrial. Prosecutors recommended a resentencing, suggesting a 50-year to life sentence, making the brothers immediately eligible for parole due to their age at the time of the crime.

The brothers' attorneys argued that they acted in self-defense after enduring years of emotional and sexual abuse by their father. However, much of the abuse evidence was excluded from their second trial. Los Angeles County District Attorney George Gascón considered factors such as the brothers' rehabilitation in prison, educational achievements, and contributions to the community when making his recommendation.

Family members of Erik and Lyle Menendez have advocated for their release, citing the abuse they suffered. On the other hand, some, including one of the brothers' uncles, oppose resentencing. The judge will hear arguments from both sides before making a decision.

In addition to the resentencing hearing, the brothers will have a habeas petition hearing on Nov. 25 to present new evidence not previously introduced at their trial. This could potentially impact their case for freedom. California Governor Gavin Newsom has 150 days to review the state parole board's decision if the brothers are granted parole.

Newsom acknowledged the case on a podcast, mentioning the attention brought by the Netflix drama 'Monsters: Lyle and Erik Menendez Story.' His team is reviewing Gascón's decision, indicating a thorough examination of the matter before any final determinations are made.

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