This article contains mentions of sexual abuse that may be disturbing to some readers.

Los Angeles District Attorney George Gascón asked a judge to resentence Erik and Lyle Menendez in October.

Gascón, who subsequently lost his race for reelection in November’s general election, recommended that the brothers, who are currently serving life sentences for killing their parents in 1989, be given the possibility of parole. Based on Gascón’s recommendation, an LA Superior Court judge will make a decision on the brothers’ possible resentencing.

The Menendez brothers were initially tried separately in six months of televised trials beginning in July 1993, ending in two hung juries in 1994.

However, the brothers were then tried together in a five-month retrial and convicted of murder with special circumstances in 1996. The brothers’ lawyers argued that they acted in self defense after years of sexual abuse at the hands of their father, while the prosecution claimed they killed their parents for early access to their inheritance.

Shirin Bakhshay, an assistant professor at the UCLA School of Law, said the brothers’ lawyers filed a petition for their case to be revisited on the basis of new evidence corroborating the brothers’ stories of their father’s sexual assault. Gascón’s resentencing request may speed up the process of their possible release, she added.

Currently, the brothers’ resentencing hearing is scheduled for Jan. 30, according to the New York Times.

If the brothers’ bid for resentencing is successful, they will be eligible for parole, providing a path to immediate release for the brothers, who have been incarcerated for nearly 35 years, according to the LA Times.

Gascón’s request preceded his 2024 bid for reelection, which his opponent – and winner of the race – Nathan Hochman criticized, calling the decision politically motivated.

[Related: Nathan Hochman defeats incumbent George Gascón for LA District Attorney]

The Menendez brothers’ resentencing is part of a larger initiative from Gascón to resentence young offenders, Gascón he said in an October interview with the Daily Bruin. His administration has been successful in resentencing over 300 people, he added.

“We’ve been doing the work,” Gascón said. “The Menendez (brothers) just happen to be famous.”

It was not just the brothers’ history with sexual assault that prompted the request, Gascón said, adding that the brothers have shown signs of rehabilitation.

The brothers have been dedicated to personal growth by going to college, getting married and becoming leaders in the prison system, he said, proving to him that they are able to reintegrate into society.

“There has to be a space for redemption and rehabilitation in the system,” Gascón said. “It was not a politically popular decision to make, but it was the right decision.”

The Menendez brothers’ pop culture attention comes not only from their contentious trials three decades ago but also from the recent television show, “Monsters: The Lyle and Erik Menendez Story,” and Netflix documentary, “The Menendez Brothers.”

“Monsters” garnered criticism from the family of the brothers and the brothers themselves for portraying them inaccurately. In a statement shared by his wife on the social media platform X, Erik Menendez condemned the show for dishonesty and for portraying him and his brother negatively by casting doubts on their claims of sexual assault.

This recent media attention has likely increased the likelihood of the brothers’ being released, Bakhshay said, adding that it has created the opportunity for the case to be revisited.

“There are lots of people in the criminal legal system who are incarcerated who raise claims … on similar grounds or new evidence that don’t get this kind of attention,” she said.

Joy Jweid, a third-year political science student, said she has been seeing TikTok posts of the brothers because of the popularity of the show and documentary. Posts on TikTok highlight the issue with true crime show dramatizing real life events and tragedies, she said.

Jweid said her first introduction into the case was “The Menendez Brothers,” adding that it made her believe the brothers have served their time and deserve to be released. While she said she believes “Monsters” presented the Menendez brothers in an inaccurate light, she added that she believes the show exposed more people to their story, which could impact the future of their case.

Fatimah Almubarak, a first-year business economics student, also criticized the show, saying that the show’s portrayal of the brothers was inaccurate and did not line up with the testimonies of their family members. However, she added that the brothers’ possible resentencing made her rethink her perspective on the show.

“It is the reason that there’s so much tension surrounding it, and it’s probably the reason why they might get resentenced,” Almubarak said.

Kera Chang, a first-year pre-political science student, said she believed the show’s inaccuracy drove a push for the actual story to be told, contributing to the brothers’ potential resentencing. She also said she believes it is good that more people are learning about the case because the story can now be seen from a modern perspective.

“In the context of the time they were in, I feel like a lot of people saw their case very differently than they would today,” Chang said.

Almubarak said she believed part of the reason why the jury chose to condemn the brothers was because being the victims of assault was stigmatized. A resentencing would reflect the changing perspectives on sexual assault against men, she added.

Jweid also said she hoped people will take children talking about sexual assault more seriously as a result of the Menendez brothers case.

“It shows that when kids talk about sexual assault they should be believed,” she said. “I hope that when future cases like this happen people don’t automatically dismiss it as fake.”

Contributing reports by Gabrielle Gillette, Metro editor.