Menendez brothers resentencing ignores brutality of Kitty's execution, lawyer says: 'It looked like a mob hit'
The Los Angeles district attorney's move to grant two convicted murderers, the Menendez brothers, a chance to get out of prison despite sentences of life without parole has floored a Florida counterpart who noted the premeditated brutality Erik and Lyle Menendez inflicted on their mother.
On Aug. 20, 1989, the brothers walked into their parents' Beverly Hills mansion with shotguns and opened fire as Jose Menendez and Mary "Kitty" Menendez were snacking in front of their living room TV at 10:30 p.m.
"I think not enough is being discussed about the murder of Kitty, the Menendez brothers' mother," Palm Beach State's Attorney Dave Aronberg told Fox News Digital. "There is no credible allegation she was engaged in sexual abuse, and according to what we know…both parents were sitting on the couch, backs turned, watching TV [and] eating ice cream while the two bothers came up behind them and murdered them."
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Los Angeles District Attorney George Gascón, who is facing a tough re-election in less than two weeks, invited the media and some of the Menendez brothers' relatives to his announcement Thursday afternoon, when he declared "resentencing is appropriate" and vowed to ask a court to make the brothers immediately eligible for parole.
They have been locked up for more than 30 years on life sentences without the possibility of parole for the 1989 double murder. The brothers claim they killed their father in self-defense, because they were afraid he'd kill them after they warned him they planned to expose him as a child sex abuser.
After killing their father, whom they accused of child molestation and abuse, and wounding their mother, they had to go outside for more shells. They reloaded and came back inside to finish her off, in a scene so bloody one forensic investigator later told Fox News Digital a detective held up an umbrella to block blood dripping from the ceiling.
"I understand why the district attorney did what he did when it comes to the murder of the father," Aronberg told Fox News Digital. "The father has been alleged to have committed sexual abuse against the boys, and there's some new evidence that that may be true."
Menendez Brothers could be eligible for parole immediately
Gascón said he plans to recommend a judge re-sentence Erik and Lyle Menendez, who are serving life prison terms without the possibility of parole for killing their parents in their Beverly Hills mansion in 1989. If resentenced, the brothers could be eligible for parole immediately.
However, there is nothing to mitigate the murder of their mother, he said.
"There was so much blood that it looked like a mob hit, and Kitty did not die right away," he continued. "In fact, she was crawling away, trying to save her life, trying to escape. And Lyle Menendez went back to his car, went outside, and reloaded."
While Kitty Menendez's sister, Joan Andersen VanderMolen, 92, and many other members of the family have publicly supported a reduced sentence for her killers, her brother, Milton Andersen, 90, is vehemently opposed to any leniency.
"It’s Milton Andersen’s continued belief that the claims of molestation were made up, and they were false, and he believes that the correct verdict was issued by the jury and the correct sentence was also committed," his attorney, Kathleen Cady, told Fox News Digital.
Making matters worse, while Gascón met repeatedly with VanderMolen's side, he ignored her brother, Cady said.
"In Florida, you have Marsy's Law, which is on the books in California and other states where you have to listen to the families," Aronberg said. "You don't have to necessarily do what the families recommend, but you have to hear them out."
Andersen, through his attorney, has said he rejects the defense claims about child abuse and agrees with trial prosecutors, who showed the brothers went on a $700,000 spending spree in the wake of their parents' deaths.
"Milton Andersen’s continued belief that the claims of molestation were made up, and they were false, and he believes that the correct verdict was issued by the jury and the correct sentence was also committed," Cady told Fox News Digital. "One of the concerns for him, and should be for everyone really, was at the trial, the Menendez brothers tried to get two specific witnesses to come in and lie for them."
A court would need to approve the resentencing for it to become official, and the parole board would then need to OK their release before they could go free.
Andersen's team is asking the court to reject the resentencing, and, in court filings, noted that the brothers tried to convince two friends to lie for them at trial.
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Because they were under 26 years old at the time of the murders, under current California law, new sentences of 50 years to life would immediately make them eligible for a parole hearing.
During his briefing on Thursday, Gascon also rejected an argument that the father's abuse suggested that the brothers could've committed manslaughter, rather than murder. He said the premeditation was too much to overcome for that defense.
"They have been in prison for nearly 35 years," he said. "I believe that they have paid their debt to society."
Gascon is up for re-election in less than two weeks and faces a strong challenge from independent candidate Nathan Hochman, a former federal prosecutor.
Critics have called his involvement in the high-profile case a move of political desperation.
However, there is also some public support for the brothers' release after a series of recent documentaries attracted new attention to their case, including one on FOX Nation, and the defense produced two new pieces of evidence that could corroborate the brothers' claim that their father was a child molester.
Fox News' Mollie Markowitz contributed to this report.