Erik and Lyle Menendez are a step closer to leaving prison, but freedom won't come quickly

LOS ANGELES (AP) — Erik and Lyle Menendez still have a long way to go before they can walk out of prison, even though the Los Angeles County district attorney has recommended their life-without-parole sentences be thrown out and the brothers be resentenced and immediately eligible for parole.

The brothers, convicted in the 1989 killings of their parents at the family’s Beverly Hills mansion, will need to get a judge to go along with the recommendation Los Angeles District Attorney George Gascón made Thursday and then a parole board must approve their release. The final stop is with Gov. Gavin Newsom, who could reject the board’s decision.

It’s an uncertain process likely to stretch out over months.

Lyle Menendez, then 21, and Erik Menendez, then 18, admitted they fatally shot their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez. The brothers said they feared their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years.

Prosecutors at the time contended that there was no evidence of molestation. The brothers’ first trial ended in a hung jury, and prosecutors secured a conviction in the second after much of the evidence of abuse was disallowed from the trial. The district attorney’s office also said back then that the brothers were after their parents’ multimillion-dollar estate.

Now, the DA and relatives say the world better understands the role of trauma in sexual abuse cases.

Meanwhile, Gascón faces fights over his resentencing recommendation: His opponent in his bid for reelection next month, as well as some of his own prosecutors, have called the latest development in the case politically motivated and the result of a recent Netflix documentary about the notorious crime.

Michele Hanisee, president of the Association of Los Angeles Deputy District Attorneys, on Wednesday said Gascón's decision smacks of “opportunism” to get headlines.

“Throughout his disastrous tenure as DA, Gascón has consistently prioritized celebrity cases over the rights of crime victims, showing more interest in being in the spotlight than in upholding justice,” Hanisee said in a statement.

But the district attorney said he made the final decision only an hour before Thursday's news conference and it was separate from politics.

Since their sentencing in 1996, the brothers have been model prisoners, Gascón and their attorney say, and committed themselves to rehabilitation and redemption.

“I came to a place where I believe, under the law, resentencing is appropriate,” Gascón said during the news conference.

Gascón's office filed paperwork Thursday that recommends the brothers — now 54 and 56 years old — receive a new sentence of 50 years to life. Because they were under 26 years old at the time of the crimes, they would be eligible for parole immediately.

“I believe that they have paid their debt to society,” the DA said.

A hearing before a judge could come within the next month or so. If the judge agrees to the resentencing, the state parole board will hold its own proceeding to determine whether they should go free. If the board recommends parole, Newsom would have 150 days to review the case. The governor could green-light parole, or overrule the board and deny their release.

Despite Gascón’s goal of freeing the brothers, Laurie Levenson, a professor of criminal law at Loyola Law School in Los Angeles, warned that the judge would not likely be a “rubber stamp” due to dissent within the DA's office.

“That puts the judge actually in a very challenging position,” Levenson said, noting she had not heard of any cases until recently where the head of the office disagreed with other lawyers involved in the case. Ultimately, Gascón chose the “safest route” for his decision — leaving it up to the court and parole board, she said.

Mark Geragos, an attorney for the brothers, has said he’s hopeful the brothers could be freed by Thanksgiving. Levenson called that deadline “awfully hopeful.”

The brothers’ extended family has pleaded for their release. Several family members have said that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life without parole.

Anamaria Baralt, a niece of Jose Menendez, said the district attorney's “brave and necessary" decision means “Lyle and Erik can finally begin to heal from the trauma of their past.”

Not all Menendez family members support resentencing. Attorneys for Milton Andersen, the 90-year-old brother of Kitty Menendez, filed a legal brief seeking to keep the brothers’ original punishment.

“They shot their mother, Kitty, reloading to ensure her death,” Andersen’s attorneys said in a statement Thursday. “The evidence remains overwhelmingly clear: the jury’s verdict was just, and the punishment fits the heinous crime.”

The LA district attorney is in the middle of a tough reelection fight against former federal prosecutor Nathan Hochman, who has blamed Gascón’s progressive reform policies for recent high-profile killings and increased retail crime.

Gascón said Thursday that his office has recommended resentencing for some 300 offenders, including people behind bars for murder.

Hochman questioned the timing of the Gascón's announcement, coming less than two weeks before the election and calling it a “desperate political move.”

He said he is unable to form his own opinion on the case without access to confidential records and relevant witnesses.

“If I become DA and the case is still pending at that time, I will conduct a review consistent with how I would review any case,” Hochman said.

Geragos said the DA took the case seriously before there was any talk of him losing reelection.

The case has gained new traction in recent weeks after Netflix began streaming the true-crime drama “ Monsters: The Lyle and Erik Menendez Story.”

Roy Rossello, a former member of the Latin pop group Menudo, also recently came forward saying he was drugged and raped by Jose Menendez when he was a teen in the 1980s.

Rossello spoke about his abuse in the 2023 Peacock docuseries “Menendez + Menudo: Boys Betrayed.” His allegations are part of the evidence listed in the petition filed last year by the Menendez brothers’ attorney in seeking a review of their case.

Menudo was signed under RCA Records, which Jose Menendez headed at the time.

Associated Press journalist Thomas Peipert in Denver contributed to this report.

Menendez family attorney Bryan Freedman surrounded by family members as he talks during a news conference on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Mark Geragos defense attorney for Erik and Lyle Menendez talks during a news conference on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Mark Geragos defense attorney for Erik and Lyle Menendez surrounded by family members talks during a news conference on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Kitty Menendez's sister, Joan Andersen VanderMolen, center, is greeted by Defense Attorney Mark Geragos, right, as Diane Hernandez niece of Kitty Menendez, left, looks on prior to a news conference being held by Los Angeles County District Attorney George Gascon at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles (AP Photo/Damian Dovarganes)

Los Angeles County District Attorney George Gascon, right, flanked by Menedez family members talks during a news conference at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Diane Hernandez, Niece of Kitty Menendez, holds her hands as Los Angeles County District Attorney George Gascon announces he will ask a judge to resentence Erik and Lyle Menendez, two brothers serving life sentences for killing their parents, at a news conference at the Hall of Justice in Los Angeles on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Los Angeles County District Attorney George Gascon, talks during a news conference at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Los Angeles County District Attorney George Gascon, right, flanked by Menedez family members talks during a news conference at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

This photo provided by the California Department of Corrections, shows Lyle Menendez. (California Dept. of Corrections via AP)

This photo provided by the California Department of Corrections, shows Erik Menendez. (California Dept. of Corrections via AP)

Los Angeles County District Attorney George Gascon, talks during a news conference at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

Members of the media take photos during a news conference about the Menedez brothers held by Los Angeles County District Attorney George Gascon, Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Los Angeles County District Attorney George Gascon, right, flanked by Menendez family members, speaks during a news conference at the Hall of Justice, Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

Kitty Menendez's sister, Joan Andersen VanderMolen, center is greeted by Defense Attorney Mark Geragos as Diane Hernandez niece of Kitty Menendez, left, looks on prior to a news conference being held by Los Angeles County District Attorney George Gascon at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

Diane Hernandez niece of Kitty Menendez is joined by Arnold VanderMolen, Nephew of Kitty Menendez, right, and Kitty Menendez's sister, Joan Andersen VanderMolen, center sit at a news conference being held by Los Angeles County District Attorney George Gascon on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

Media gather for a news conference being held by Los Angeles County District Attorney George Gascon on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)

Mark Geragos, Erik and Lyle Menendezs' defense attorney waits at a news conference held by Los Angeles County District Attorney George Gascon at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

Los Angeles County District Attorney George Gascon speaks during a news conference regarding the Menendez brothers, Thursday, Oct. 24, 2024, at the Hall of Justice in Los Angeles. (AP Photo/Eric Thayer)

Los Angeles County District Attorney George Gascon, center, arrives at a news conference at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

Arnold VanderMolen, Nephew of Kitty Menendez, right, talks with Kitty Menendez's sister, Joan Andersen VanderMolen at a news conference being held by Los Angeles County District Attorney George Gascon on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

Diane Hernandez niece of Kitty Menendez sits prior to a news conference being held by Los Angeles County District Attorney George Gascon at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

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

Erik and Lyle Menendez are a step closer to leaving prison, but freedom won't come quickly

Erik and Lyle Menendez are a step closer to leaving prison, but freedom won't come quickly

States will share $10 billion for rural health care next year in a program that aims to offset the Trump administration's massive budget cuts to rural hospitals, federal officials announced Monday.

But while every state applied for money from the Rural Health Transformation Program, it won't be distributed equally. And critics worry that the funding might be pulled back if a state's policies don't match up with the administration's.

Officials said the average award for 2026 is $200 million, and the fund puts a total of $50 billion into rural health programs over five years. States propose how to spend their awards, and the Centers for Medicare and Medicaid Services assigns project officers to support each state, said agency administrator Dr. Mehmet Oz.

“This fund was crafted as part of the One Big Beautiful Bill, signed only six months ago now into law, in order to push states to be creative," Oz said in a call with reporters Monday.

Under the program, half of the money is equally distributed to each state. The other half is allocated based on a formula developed by CMS that considered rural population size, the financial health of a state’s medical facilities and health outcomes for a state’s population.

The formula also ties $12 billion of the five-year funding to whether states are implementing health policies prioritized by the Trump administration's “Make America Healthy Again” initiative. Examples include requiring nutrition education for health care providers, having schools participate in the Presidential Fitness Test or banning the use of SNAP benefits for so-called junk foods, Oz said.

Several Republican-led states — including Arkansas, Iowa, Louisiana, Nebraska, Oklahoma and Texas — have already adopted rules banning the purchase of foods like candy and soda with SNAP benefits.

The money that the states get will be recalculated annually, Oz said, allowing the administration to “claw back” funds if, for example, state leaders don't pass promised policies. Oz said the clawbacks are not punishments, but leverage governors can use to push policies by pointing to the potential loss of millions.

“I've already heard governors express that sentiment that this is not a threat, that this is actually an empowering element of the One Big Beautiful Bill," he said.

Carrie Cochran-McClain, chief policy officer with the National Rural Health Association, said she’s heard from a number of Democratic-led states that refused to include such restrictions on SNAP benefits even though it could hurt their chance to get more money from the fund.

“It’s not where their state leadership is,” she said.

Oz and other federal officials have touted the program as a 50% increase in Medicaid investments in rural health care. Rep. Don Bacon, a Republican from Nebraska who has been critical of many of the administration’s policies but voted for the budget bill that slashed Medicaid, pointed to the fund when recently questioned about how the cuts would hurt rural hospitals.

“That’s why we added a $50 billion rural hospital fund, to help any hospital that’s struggling,” Bacon said. “This money is meant to keep hospitals afloat.”

But experts say it won't nearly offset the losses that struggling rural hospitals will face from the federal spending law's $1.2 trillion cut from the federal budget over the next decade, primarily from Medicaid. Millions of people are also expected to lose Medicaid benefits.

Estimates suggest rural hospitals could lose around $137 billion over the next decade because of the budget measure. As many as 300 rural hospitals were at risk for closure because of the GOP’s spending package, according to an analysis by The Cecil G. Sheps Center for Health Services Research at the University of North Carolina at Chapel Hill.

“When you put that up against the $50 billion for the Rural Health Transformation Fund, you know — that math does not add up,” Cochran-McClain said.

She also said there's no guarantee that the funding will go to rural hospitals in need. For example, she noted, one state’s application included a proposal for healthier, locally sourced school lunch options in rural areas.

And even though innovation is a goal of the program, Cochran-McClain said it's tough for rural hospitals to innovate when they were struggling to break even before Congress’ Medicaid cuts.

“We talk to rural providers every day that say, ‘I would really love to do x, y, z, but I’m concerned about, you know, meeting payroll at the end of the month,’” she said. “So when you’re in that kind of crisis mode, it is, I would argue, almost impossible to do true innovation.”

The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

FILE - Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services, speaks during an event about drug prices with President Donald Trump, Thursday, Nov. 6, 2025, in the Oval Office of the White House in Washington. (AP Photo/Evan Vucci, File)