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Menendez brothers ‘cautiously optimistic’ about release, lawyer says
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Menendez brothers ‘cautiously optimistic’ about release, lawyer says

Lyle and Erik Menendez’s lawyer said he believes the brothers are “cautiously optimistic that they will see some real relief” after the Los Angeles County District Attorney announced he recommends a new conviction.

Mark Geragos told ABC News’ “Good Morning America” ​​that his goal was to bring the brothers home for Thanksgiving.

While prosecutor George Gascón said he hoped to have a hearing scheduled in the next 30 to 45 days, Geragos said he thought there would be a hearing “well before that.”

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

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

Watch “Menendez Brothers: Monsters or Victims?” from “IMPACT by Nightline,” streaming now only on Hulu. (Disney is the parent company of Hulu and ABC News).

Gascón said he was recommending in a court filing Friday that the brothers’ life sentence without parole be removed, and that they instead be sentenced for murder, which would be a sentence of 50 years to perpetuity. Because of the brothers’ ages — they were both under 26 at the time of the crimes — they would be immediately eligible for parole, Gascón said during a news conference Thursday.

The final decision on resentencing will be made by a judge and the parole board will also have to approve it, Gascón said.

PHOTO: Los Angeles County District Attorney Gascon speaks at a news conference to announce a decision in the Menendez brothers' case, in Los Angeles (Mike Blake/Reuters)PHOTO: Los Angeles County District Attorney Gascon speaks at a news conference to announce a decision in the Menendez brothers' case, in Los Angeles (Mike Blake/Reuters)

PHOTO: Los Angeles County District Attorney Gascon speaks at a news conference to announce a decision in the Menendez brothers’ case, in Los Angeles (Mike Blake/Reuters)

MORE: Latest Menendez brothers: Los Angeles prosecutor recommends resentencing

Gascón told ABC News this month that any recommendation for new sentencing would take into account the decades the brothers have already served and their behavior in prison.

The brothers made a positive impact during their incarceration, despite “no hope of ever getting out of prison,” Gascón said. They focused on “creating groups to address untreated trauma, creating groups to care for other inmates who have physical disabilities and may be treated differently.” Even in one case, Lyle negotiates for other inmates regarding the conditions in which they live. ” he said.

Geragos said Lyle Menendez earned a college degree behind bars while Erik Menendez provided palliative care to inmates.

“They have done great things in prison. I don’t see anything that will stop them from continuing this work once they are released,” Geragos said.

PHOTO: Los Angeles County District Attorney George Gascon speaks during a news conference to announce a decision in the case of brothers Erik and Lyle Menendez, in his office in Los Angeles, October 24, 2024. (Mike Blake/Reuters)PHOTO: Los Angeles County District Attorney George Gascon speaks during a news conference to announce a decision in the case of brothers Erik and Lyle Menendez, in his office in Los Angeles, October 24, 2024. (Mike Blake/Reuters)

PHOTO: Los Angeles County District Attorney George Gascon speaks during a news conference to announce a decision in the case of brothers Erik and Lyle Menendez, in his office in Los Angeles, October 24, 2024. (Mike Blake/Reuters)

Gascón said his message to the brothers is: “We appreciate what they did while they were in prison. While I disapprove of the way they handled their abuse, we hope that they have not only learned – which seems to be the case – but that if they are reintegrated into our community, they will continue to do the public good.

PHOTO: Erik Menendez, center, listens to his lawyer Leslie Abramson, while his brother Lyle looks on in Beverly Hills, California, May 17, 1991. (Julie Markes/AP, FILE)PHOTO: Erik Menendez, center, listens to his lawyer Leslie Abramson, while his brother Lyle looks on in Beverly Hills, California, May 17, 1991. (Julie Markes/AP, FILE)

PHOTO: Erik Menendez, center, listens to his lawyer Leslie Abramson, while his brother Lyle looks on in Beverly Hills, California, May 17, 1991. (Julie Markes/AP, FILE)

MORE: Here are the Menendez brothers’ potential paths to freedom

“There is no excuse for the murder,” Gascón emphasized during the press conference, and added that he does not “believe that manslaughter would have been the appropriate charge (to ask in the re-conviction file) given the premeditation involved”.

Lyle and Erik Menendez each received two consecutive life sentences without the possibility of parole after being convicted in 1996 of fatally shooting their parents.

PHOTO: Lyle Menendez looks up during his testimony at the retrial of his brother Erik for the shooting murders of their parents on October 20, 1995 in Los Angeles. ((Steve Grayson/Pool Photo via AP, FILE)PHOTO: Lyle Menendez looks up during his testimony at the retrial of his brother Erik for the shooting murders of their parents on October 20, 1995 in Los Angeles. ((Steve Grayson/Pool Photo via AP, FILE)

PHOTO: Lyle Menendez looks up during his testimony at the retrial of his brother Erik for the shooting murders of their parents on October 20, 1995 in Los Angeles. ((Steve Grayson/Pool Photo via AP, FILE)

MORE: Menendez brothers ‘deserve a chance,’ loved ones say as they push for resentencing and release

Lyle Menendez was 21 and Erik Menendez was 18 when they killed Jose and Kitty Menendez at the family’s Beverly Hills home in 1989. The brothers claimed they acted in self-defense after enduring years of sexual abuse from the from their father; prosecutors alleged they killed their wealthy parents for financial gain.

Almost two dozen relatives of the brothers gathered at a press conference last week to lobby for their resentencing.

PHOTO: Erik Menendez and his brother Lyle listen during a pretrial hearing on December 29, 1992, in Los Angeles. (Vince Bucci/AFP via Getty Images)PHOTO: Erik Menendez and his brother Lyle listen during a pretrial hearing on December 29, 1992, in Los Angeles. (Vince Bucci/AFP via Getty Images)

PHOTO: Erik Menendez and his brother Lyle listen during a pretrial hearing on December 29, 1992, in Los Angeles. (Vince Bucci/AFP via Getty Images)

But one relative – the brothers’ uncle, Milton Andersen – is adamant about keeping them behind bars. He said he firmly believes his nephews were not sexually assaulted and were motivated by greed.

“The jury’s verdict was fair and the punishment fits the heinous crime,” he said in a statement.

Menendez brothers ‘cautiously optimistic’ about release, lawyer says originally appeared on abcnews.go.com