Attorney for Menendez brothers' uncle says DA trying to 'rewrite history' in pursuit to free pair

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Los Angeles DA recommends resentencing for Menendez brothers

George Gascon announces the decision on the notorious Menendez brothers case.

Los Angeles County District Attorney George Gascon has ignored credibility issues related to new evidence that prompted him to announce his recommendation that the Menendez brothers be re-sentenced for the 1989 murders of their parents in an effort to "rewrite history," an attorney for the brothers' uncle said. 

Milton Andersen, the 90-year-old brother of Mary "Kitty" Menendez, has opposed the release of his nephews. His attorney, Kathleen Cady, said Gascon has ignored repeated requests that Andersen be informed on any decision taken by the DA's office.

"Despite numerous requests, Gascón has refused to inform Mr. Andersen of any decisions before holding press conferences," Cady said in a statement. "Mr. Andersen has been left in the dark, forced to learn crucial updates about his sister's case through the media, rather than being treated with the dignity and respect he deserves."

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Los Angeles County District Attorney George Gascon, right, shakes hands with members of the Menendez family after addressing the case of brothers Erik and Lyle Menendez at a news conference at the Hall of Justice on Oct. 24, 2024. (AP Photo/Damian Dovarganes)

Gascon initially announced he would review the case in light of new "evidence," which includes new allegations that the brothers' father, Jose Menendez, molested Roy Rossello, a former member of the boy band Menudo, in the 1980s, as well as a letter that Erik Menendez wrote to his cousin, Andy Cano, that surfaced in 2015, in which he talked about the alleged sexual abuse. 

"It is unconscionable that Gascon, whose ethical obligation is to pursue justice with integrity, has ignored my multiple notifications about individuals coming forward with information that seriously questions the credibility of the so-called ‘new evidence’ in this case," said Cady. "Yet, Gascón has shown no interest in reviewing or investigating this evidence, turning a blind eye to potential flaws in his pursuit to rewrite history."

Gascon said he plans to recommend a sentence of 50 years to life for each of the brothers, which would make them immediately eligible for parole under state law because they were under 26 at the time of the murders.

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The Menendez brothers could be released from prison after Los Angeles County District Attorney George Gascon said he would back a move that they be resentenced for the murders of their parents. (Fox News)

Both shot their parents multiple times as they were watching television inside their Beverly Hills mansion. After a mistrial, the pair was convicted and sentenced to life in prison without the possibility of parole.

"They have been in prison for nearly 35 years," Gascon said Thursday. "I believe that they have paid their debt to society."

Any re-sentencing must be approved by a judge, he noted. 

During Thursday's announcement, Joan VanderMolen, niece of Kitty Menendez, said the DA's office took a "brave and compassionate step forward" and "putting justice over politics" through his recommendation.

"It is a recognition of the abuse my cousins endured," she said. "This is about truth, justice and healing."

The DA's office told Fox News Digital on Friday that Cady and Andersen were invited to the office on Oct. 16 to gather input on a possible re-sentencing. 

"Ms. Cady told our office that she and Mr. Anderson were unavailable. Our office held a meeting that day to allow more than a dozen family members to meet with Deputy-In-Charge Nancy A. Theberge and Assistant Head Deputy Brock Lunsford," Gascon's office said in a statement. "The DA does not personally meet with victims’ families. With more than 100,000 cases prosecuted through our office annually, such meetings would not be feasible or fair."

"We have offered to schedule a separate meeting with Ms. Cady and her client, who lives out of state," the statement continued. "However, Ms. Cady declined that as well, preferring to meet with the DA or no one."

Critics said the timing of Gascon's announcement came amid a tough re-election campaign against former federal prosecutor Nathan Hochman. 

LYLE MENENDEZ, WHO SHOTGUNNED PARENTS TO DEATH WITH BROTHER, PLANS FOR LIFE AFTER PRISON

Los Angeles County District Attorney George Gascon addresses the media during a press conference on developments in the case of brothers Erik and Lyle Menendez on Oct. 24, 2024. (AP Photo/Eric Thayer)

In a statement, Hochman noted that Gascon received the brothers' habeas corpus petition in May 2023 and request for re-sentencing in February. 

"Yet, he has waited until days before the November 5 election, 30 points down in the polls with articles coming about how his failed policies have led to additional murders of innocent people, to release his recommendation for re-sentencing," Hochman said. 

In an effort to salvage his political career, Gascon was willing to "manipulate the facts," said Cady. 

Lyle and Erik Menendez are currently serving life sentences for the murders of their parents, Jose and Mary Louise "Kitty" Menendez, in 1996. (Ronald L. Soble/Los Angeles Times via Getty Images)

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"His decisions must be grounded in truth and law, not a last-ditch effort to sway voters," she said. "Gascón's failure to uphold his ethical responsibilities is a disgrace, and the victims of this horrific crime, including Mr. Andersen, deserve far better than being pawns in a politician’s game."