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MONDAY, OCTOBER 28- NOVEMBER 03, 2024
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NO. 195
VOL. 12,
DA to seek resentencing of Menendez brothers for parents’ killings
LA County board advances additional scrutiny to motion introductions
By Terri Vermeulen Keith, City News Service
By City News Service
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he District Attorney’s Office Friday was expected to formally submit paperwork seeking resentencing Erik and Lyle Menendez, who are serving life prison terms without the possibility of parole for killing their parents in their Beverly Hills mansion in 1989, in light of new evidence of alleged sexual abuse by their father. District Attorney George Gascón said prosecutors will recommend that the brothers’ sentence of life without parole be rescinded, and that they be resentenced to 50 years to life in prison, with the possibility of parole. Due to their ages at the time of the crime, such a sentence would make them potentially eligible for parole as youthful offenders, even though they have only served about 35 years behind bars. It will be up to a judge to decide whether to actually resentence the pair. Once the court papers are filed, prosecutors will work with the defense team and the court to have a hearing date scheduled. If a judge agrees to the re-sentencing proposed by the District Attorney’s Office, the matter would then be in the hands of a state parole board to determine if the brothers are suitable for parole and release from prison. If the board grants parole, the governor could still reject it. Erik Menendez, now 53, and Lyle Menendez, now 56, are behind bars at Richard J. Donovan Correctional Facility in San Diego for the killings of Jose and Mary Louise “Kitty” Menendez. “They have been in prison for nearly 35 years,” Gascón said at a news conference Thursday. “I believe that they have paid their debt to society and the system provides a vehicle for their case to be
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boy band Menudo that he was sexually abused by Jose Menendez as a teenager. A group of family members supporting the brothers called earlier this month for the brothers to be released from state prison. At an Oct. 16 news conference outside the downtown Los Angeles courthouse, Kitty Menendez’s sister, Joan Andersen VanderMolen, said she struggled for many years to come to “terms with what happened in my sister’s family.” “It was a nightmare none of us could have imagined, but 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 (cruelty) of their father,” she told a throng of reporters gathered for the news conference. “As their aunt, I had no idea of the extent of the abuse they suffered at the hands of my brother-in-law. None of
he county Board of Supervisors Tuesday advanced a proposal designed to give additional time for public review of motions introduced by board members by having them reviewed in “cluster meetings” before they advance to the full board. Under the proposal introduced by Supervisors Holly Mitchell and Kathryn Barger, cluster meetings would be held to encourage public participation and government transparency by requiring advanced screening of board motions, at least five days before the motions are taken up at the full board’s meeting. According to Mitchell and Barger, the move would increase the public voice about motions, rather than the current, somewhat abbreviated public comment process. The county already conducts such “topical cluster” meetings that offer the public a review of “board letters” that are submitted by county departments, Mitchell said. The new proposal expands that process to include board motions. Mitchell added that motions can make it to the full board in very little time and expressed the need for substantive input from the public. “As we develop policies that impact the public and our departments, there is clearly a need for more input from stakeholders,” Barger said, noting that the current process does not allow enough time for “thoughtful feedback.” Barger also said structures similar to cluster meetings existed prior to the CEO
See Menendez Page 24
See Motion introductions Page 24
LA County District Attorney George Gascón, at podium, announces his intention to seek resentencing for Erik and Lyle Menendez. | Photo courtesy of the Los Angeles County District Attorney’s Office
reviewed by a parole board. And if parole concurs with my assessment, and it will be their decision, then they will be released accordingly.” Gascón noted that there were dissenters in his office who believe the brothers should remain in prison, and he anticipated that some of them may even appear in court to argue against the resentencing recommendation. He said “they have a right to do so.” But Gascón said he believes that not only have the brothers served their time, they have also undertaken efforts while incarcerated to improve the lives of others, such as creating groups to help fellow inmates deal with untreated trauma, and on ways to “deal with other inmates who have physical disabilities and may be treated differently.” He said that in one case, Lyle Menendez even spoke out and negotiated on behalf of fellow inmates over conditions in prison. But while he will recommend resentencing in a
way that could lead to the brothers’ release, Gascón insisted, “There is no excuse for murder. And I will never imply that what we’re doing here is to excuse that behavior, because even if you get abused, the right path is to call the police, seek help. But I understand also how sometimes people get desperate. We often see women, for instance, that have been battered for years and sometimes they will murder their abuser out of desperation. “I do believe the brothers were subjected to a tremendous amount of dysfunction in the home, and molestation,” he said. In court papers filed last year, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers’ allegations of longterm sexual abuse at the hands of their father — a letter written by Erik Menendez to one of his cousins in early 1989, eight months before the August 1989 killings, and recent allegations by a former member of the Puerto Rican
model of government in the form of deputy meetings, which she had participated in during her time as a county policy deputy. The other three board members, however, expressed concern about the proposal. Supervisor Janice Hahn said it was informally possible for individual supervisors to send their motions through existing clusters. She said the process could slow down policy making, and instead suggested trying a pilot program. Supervisor Hilda Solis called the motion premature, and said she was concerned that motions could be redirected back to her with revisions by stakeholders and county departments, which she said would “take away (her) role of elected responsibility.” After making various amendments to the motion, removing the effective date and requesting a report that would return to the board in 45 days detailing the process of implementing “cluster” meetings, Hahn and Horvath agreed to vote in favor of the motion. The public cluster meetings, run by an appointed chair, would be a chance to revise motions for the upcoming meetings, excluding emergency matters, according to the motion. Matters calling for immediate action and non- policyrelated topics such as fee waivers, rewards for unsolved crimes, adjourn- in-memory declarations, and proclamations would bypass the policy cluster review process. Revisions through the review would also be reflected in the final version of the