With Decision on Menendez Brothers Resentencing Days Away, DA Says They’re Not a Danger to Society

The Menendez brothers case is set to take a dramatic turn.

Los Angeles County District Attorney George Gascón says he will make a decision on whether or not to recommend resentencing for Erik and Lyle Menendez in a matter of days — and that the brothers are not a danger to society.

“Based on everything that I know, I don’t believe that they are,” Gascón tells PEOPLE. “Quite frankly, they probably haven’t been for a very long time, if they ever were. I think this is not like they were going around killing people or robbing people on the street.”

In an interview with PEOPLE on Monday, Oct. 21, Gascón says he plans to make a decision about resentencing by the end of this week after he discusses the case with the office’s habeas and resentencing units.

“I’ll be listening to not only the briefing, but recommendations from both teams,” he says. “That also plays a role. Because they’re not just sort of an agnostic presenter. They’re going to be presenting what they think should be the outcome. I expect one will be saying, ‘No relief,’ one will be saying, ‘Yes, provide relief,’ and I’ll evaluate both of them.”

While Gascón can issue a recommendation on resentencing, a judge will ultimately make the final decision.

Erik, 53, and Lyle, 56, are currently serving sentences of life in prison without parole after being convicted of the first-degree murders of their parents Jose and Kitty Menendez. Gascón says some of his team members don’t believe the brothers were molested by Jose — but Gascón himself does.

“There are some people in my office that believe that there is no evidence of molestation. I don’t agree with that, but that’s certainly the position that some people have taken, and they believe that they should stay in prison the rest of their life,” he says. “There are other people in the office that believe that there’s probably some evidence of molestation and there is additionally evidence of rehabilitation. So, I mean, certainly we have some issues.”

“If in fact they have rehabilitated as is being alleged, and we’re reviewing all of that, they have been in prison for almost 35 years,” he says. “Thirty-five years is a long time to be in prison. And especially when you look at the circumstances behind this case, it just seems to me that at some point there has to be a place for redemption and rehabilitation. But again, whether I believe that they should or shouldn’t be in prison the rest of their life, it’s not necessarily what is going to alter my final decision. My final decision is going to be really evaluating the law.”

Last week, family members of the siblings held a press conference in front of the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles asking for the district attorney’s office to free the brothers.

At the press conference, numerous family members cited the sex abuse the brothers have claimed they endured at the hands of Jose. The relatives said the brothers were victims, not murderers.

via: People

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