AILSA CHANG, HOST:
Lyle and Erik Menendez killed their parents in 1989. They've been serving a life sentence without the possibility of parole since they were convicted in 1996. All of that may be about to change. Today in Los Angeles, the county district attorney, George Gascon, announced that he was recommending the resentencing of the brothers. Steve Futterman is in downtown Los Angeles right now, outside the district attorney's office, and joins us to tell us more. Hi, Steve.
STEVE FUTTERMAN, BYLINE: Hi, Ailsa.
CHANG: Hi. OK, so tell us more about what the DA announced.
FUTTERMAN: Well, Ailsa, George Gascon said that people in his very office were divided over whether the brothers should be resentenced and even whether they believe that the brothers were sexually abused by their father, which is why Erik and Lyle Menendez say they killed their parents. But Gascon said he believes the brothers were subjected to molestation.
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GEORGE GASCON: When you look at the case of the Menendez brothers, you see two very young people when they committed those horrible acts. There is no excuse for murder, but I understand also how sometimes people get desperate.
FUTTERMAN: He also said, Ailsa, that they've been model inmates, helping others in prison, and that, after 35 years, they have repaid their debt to society. Now, we should point out this is only a recommendation. The whole matter will now go before a superior court judge as...
CHANG: Right.
FUTTERMAN: ...Early as tomorrow. It's the judge who will make the final decision. But certainly, when you have the prosecuting attorney making a recommendation like this, it is very influential. In terms of outcomes, the judge could decide to shorten their sentence, making them eligible for parole, order a new trial or even release them immediately.
CHANG: This is huge news indeed. Can you just back up for a minute? Can you just remind people of the details of this horrific case?
FUTTERMAN: Yeah, sure. It all goes back to August 1989. Jose Menendez, a record executive, and his wife, Kitty, were found shot numerous times in their luxury home in Beverly Hills. Now, initially, police focused on the possibility of intruders. But eventually, the brothers confessed that they killed their parents. The first time the brothers were tried, their team presented significant evidence of alleged sexual abuse by the father, Jose. It resulted in a deadlocked jury and a mistrial. When they were tried again, a lot less of that abuse evidence was admitted, and they were convicted to life without parole.
CHANG: Right. And it's been more than 30 years since these murders. Why...
FUTTERMAN: Yeah.
CHANG: ...Is this case is getting new scrutiny now, specifically?
FUTTERMAN: Yeah. Well, there have been various times over the years that the case has received new attention, and there's always been a loyal group of supporters of the brothers who've said all these years it was a miscarriage of justice because of the abuse. But a Netflix documentary, along with a docudrama this year, has definitely sparked new interest in the case. And the Menendez brothers' legal team has pointed to two pieces of evidence - what they claim is new evidence. One is a letter written by Lyle around eight months before the killings, talking about his father's alleged abuse. The other is a statement by a member of the boy band Menudo claiming he too was molested by Jose Menendez. Remember, Jose Menendez was a record executive.
CHANG: Right. Well, what's the family been saying during all of this?
FUTTERMAN: Well, there have been mixed reactions. Some want the brothers to stay in prison. Joan VanderMolen, the sister of Kitty Menendez, feels differently. This was her a few weeks ago.
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JOAN VANDERMOLEN: As details of Lyle and Erik's abuse came to light, it became clear that their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable cruel of their father.
FUTTERMAN: And again, Ailsa, this is likely to all come down to a judge and possibly a parole board. They will make the final decision.
CHANG: That is Steve Futterman. Thank you so much, Steve.
FUTTERMAN: Thank you, Ailsa.
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