After 34 years in prison, he recommended that the Menendez brothers be released on parole

Eric and Lyle Menendez — the brothers convicted of killing their parents in a case that shook the United States and the world more than three decades ago — could receive probation on the recommendation of Los Angeles Attorney General George Gascon.

Brothers MenendezPhoto byGetty Images

The 1989 murder of their parents, Kitty and Jose Menendez, inspired a popular Netflix series and documentary. The case focused on Eric and Lyle's motive in the murders.

Los Angeles County District Attorney George Gascon announced Thursday that new evidence in the case calls for a review of their life sentences. Eric, 53, and Lyle, 56, are currently serving life in prison without the possibility of parole in California.

A judge will have the final say on whether the brothers should be re-sentenced, and a parole board will have to review whether they should be released after serving more than 30 years in prison.

The brothers were not notified in advance of Gascony's decision, nor were members of the Menendez family.

"I believe the brothers were exposed to abuse and dysfunction in their home," Gascon said.

He added that while there is no justification for the killing, "he believes they have paid their debt to society."

During their trials in the 1990s, prosecutors portrayed the brothers as wealthy men who methodically planned the murders to gain access to their parents' wealth.

Their lawyers argued that the brothers were victims of years of emotional, physical and sexual abuse and that they acted only in self-defense.

The announcement by Gascon - who is facing an uphill battle for re-election - follows new evidence in the case relating to allegations of sexual abuse. One of the new pieces of evidence was a letter from Eric Menendez to another family member, believed to date from 1988, detailing the alleged abuse.

Another piece of evidence comes from a then-minor member of the 80s Puerto Rican band Menudo. The band member claimed that Jose Menendez, who at the time worked as an executive at the record label RCA, drugged and raped him.

Gascon said his office plans to make a recommendation for re-sentencing to the court on Friday. It will contain details and evidence advocating a lighter sentence.

A hearing will be scheduled where a judge will weigh them and hear arguments for their release. Brothers may also be present.

The hearing is likely to be divisive, according to Gascon. He said the recommendation, if approved by a judge, allows for the possibility of parole because of California law and the brothers' ages at the time of the crime. The parole board will have to review the case and the brothers' rehabilitation, and even if the board approves their release, California Gov. Gavin Newsom could still deny it.

A hearing in the case is scheduled for Nov. 26, but the District Attorney's Office hopes to schedule a new hearing to discuss the recommendation for re-sentencing.