The LA County prosecutor is set to disclose their conclusion in the Menendez brothers' decades-old homicide trial on Thursday.
Gascon initially mentioned reviewing the case and anticipating a decision by the end of October, but later informed CNN's Jake Tapper that he would announce his decision by the end of the week.
Gascon will unveil his decision during a 1:30 p.m. PT press conference in Los Angeles according to his office.
The ultimate judgment on the brothers' case belongs to the judge, and a hearing pertaining to the matter has been scheduled for November 26th.
The hearing originates from the defendants' attorneys' claim of novel evidence, as well as a recent California law regarding resentencing that allows the court to take into account sentences in similar cases. The judge may also consider whether the defendants were subjected to psychological or physical harm, whether they have undergone rehabilitation, and whether they pose a threat to society.
The case revival occurred over 3 decades after the fatal shooting of Jose and Kitty Menendez in their Beverly Hills residence. The Menendez brothers, Lyle and Erik (21 and 18-years-old respectively) were arrested just under a year later, in 1990, and accused of first-degree murder.
During the high-profile trials decades ago – one of the first cases to air on television – the brothers confessed to killing their parents but claimed self-defense after enduring a lifetime of abuse by their father. The first trial ended in a mistrial due to juror deadlock on the charges. At their second trial, much of the defense evidence regarding sexual abuse was disallowed. The brothers were found guilty and sentenced to life in prison in 1996.
The Menendez brothers' lawyers filed a habeas corpus petition last year, requesting the court reconsider the conviction and sentence, considering novel evidence such as a sworn statement from former Menudo boy band member Roy Rossello, who alleged Jose Menendez sexually assaulted him in the 1980s. In addition, they pointed to a letter Erik wrote to a cousin, hinting at the abuse he had suffered. The lawyers requested either the annulment of the brothers' conviction and sentence or to permit discovery and a new evidentiary hearing.
The brothers' case gained renewed attention following the September release of the Netflix series, "Monsters: The Lyle and Erik Menendez Story," co-created by Ryan Murphy and Ian Brennan. Netflix also launched a documentary on the Menendez case this month, featuring both brothers discussing the events that led to the killings.
Gascon, advocating for reelection based on his sentencing reform platform, told CNN that public and judicial perceptions have shifted regarding victims of sexual abuse.
“There is no doubt that a jury today would view this case very differently than a jury did 35 years ago,” Gascon said.
Last week, the brothers' relatives made impassioned pleas for their release.
Joan VanderMolen, Kitty Menendez's sister, asserted that the brothers' actions were the "desperate response of two boys trying to survive the unspeakable cruelty of their father."
“They were only children. Children who could have been protected and were instead brutally mistreated in the most heinous ways,” she stated.
CNN's Amanda Musa and Melissa Gray reported and wrote from Atlanta, while Cindy Von Quednow covered the story from Los Angeles.
Gascon's decision regarding the Menendez brothers' case will be revealed during the press conference, affecting us directly as the public is eagerly anticipating his announcement. Regardless of Gascon's decision, the ultimate judgment rests with the judge, who will consider various factors before making a ruling.
