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Los Angeles DA could issue recommendation to free Menendez brothers this week, decades after parents' murder

The LA District Attorney is slated to decide on whether Erik and Lyle Menendez should be released for the 1989 shooting of their mother and father.

SAN DIEGO — The Los Angeles County District Attorney says he'll decide this week whether or not to recommend the Menendez brothers' release.

They're currently serving life sentences at Donovan State Prison in San Diego County.

"We have been looking at this case for over a year," said Los Angeles District Attorney George Gascon.

Gascon says the work his office has put into the Menendez case is now in overdrive.

Due to public interest, he will make a decision this week on whether he'll recommend upholding the brothers' life sentences, a new trial, or letting them go.

"There's actually two different camps in my office. I have a group of people, including some involved in the original trial that are adamant they should spend their life in prison and they were not molested.  I have other people who believe they were molested and deserve some relief," said Gascon.

Last week, the family of Lyle and Erik Menendez spoke out in their defense, saying after more than thirty years, it's time for their release.

In 1989, the brothers, who were 18 and 21, shot their father and mother inside their Beverly Hills home.

The brothers said they endured years of abuse.

Relatives on both sides argued back then little was known about sexual abuse, and it wasn't considered during the second trial, after the first one ended in a mistrial, adding if it had, the sentence would be much different.

"In the first trial, Leslie Abrams and their defense lawyer did a wonderful job in letting that be known. But then the second trial, the judge excluded everything about them being sexually abused by their father. Now, there's new evidence supporting that claim," said criminal defense attorney, Gretchen Von Helms.

That new evidence includes a letter Erik Menendez reportedly wrote to his cousin eight months before the murders, describing the abuse.

A former member of the boy band Menudo said he too was raped by the Menendez's father, who worked in the music industry.

Von Helms says on top of that, a new law called ‘Youthful Offender’ works in their favor.

“When defendants are younger than 25 at the time of the commission of the crime, which both of them were, there is now a new law, new legislation that allows those individuals to receive early parole," said Von Helms. 

For those reasons, in addition to the support the brothers have and their good behavior at Donovan State Prison, Von Helms believes Gascon will recommend their release.

It may also be good PR for him as he’s up for reelection. 

“My confidence would be very high," said Von Helms.

Ultimately, a judge will make the final call.

So, even if Gascon recommends the brothers stay put, a judge can rule however he or she wants.

"The judge looks at everything as the judge that has the final decision, not the prosecution and not the defense,” said Von Helms.

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