The Brief

Los Angeles County District Attorney George Gascón announced Thursday that he would recommend resentencing for Lyle and Erik Menendez, who fatally shot their parents in their Beverly Hills home in 1989.

The move could lead to the release of the brothers, who were sentenced to life in prison without the possibility of parole in a case that attracted international attention.

They have been incarcerated for nearly 35 years.

Gascón said he would file the petition for resentencing with the Superior Court on Friday, and a judge would decide whether to approve it. The district attorney said he would recommend sentencing the brothers to 50 years to life in prison, making them eligible for parole.

"I believe that they have paid their debt to society," Gascón said at an afternoon news conference. "And the system provides a vehicle for their case to be reviewed by a parole board, and if parole concurs with my assessment — it will be their decision — they will be released accordingly."

Erik Menendez (left) is shown in 2016 and Lyle Menendez in 2018 in photos provided by the California Department of Corrections and Rehabilitation.

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California Department of Corrections and Rehabilitation

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He said people within his own office had widely differing opinions on the matter, some of whom supported the idea of resentencing and releasing the brothers immediately, and others who believe they should spend the rest of their lives in prison.

Background

After they were arrested, the brothers never denied committing the killings, in which they repeatedly fired shotguns at their parents Jose and Kitty Menendez as they watched television the night of Aug. 20, 1989. The brothers said they did so after years of sexual abuse by their father and because they feared for their lives.

They also said their mother knew about the molestation and that hers was a “mercy” killing.

Their claims were met with widespread skepticism.

Prosecutors at the time said the brothers were motivated by greed because they stood to inherit their father’s multi-million dollar estate.

Erik Menendez was 18 at the time of the murders. Lyle Menendez was 21. They are now 53 and 56, respectively.

At the Thursday news conference, Gascón, who is seeking reelection in November, stressed that his decision was not intended to excuse the brothers' actions decades ago.

"I want to underline, they were horrible acts," he said. "There is no excuse for murder, and I will never imply that what we are doing here is to excuse that behavior. Because even if you get abused, the right path is to call the police, seek help.

"But I also understand how sometimes people get desperate. We often see women, for instance, that have been battered for years and sometimes they will murder their abuser out of desperation. And I do believe that the brothers were subjected to a tremendous amount of dysfunction in the home and molestation."

New evidence

Gascón’s decision follows the release of new evidence in a Netflix documentary on the case this year. The new evidence is a letter written by Erik Menendez to a cousin months before the killings in which he writes about the abuse by his father.

There have been many TV shows and documentaries about the Menendez case over the years, including a dramatized version of the story released last month that drew criticism from family members, but he noted the most recent one had brought "a tremendous amount of public attention."

"Frankly, our office got flooded with requests for information and even though this case was already scheduled to be heard in late November, I decided to move this forward," Gascón said, adding that he did so because the office didn't have the resources to handle the calls.

Defense attorney Mark Geragos, who represents the brothers, said previously that he has obtained a declaration from Roy Rossello, a former member of the band Menudo, stating Jose Menendez also molested him in the 1980s. Jose Menendez was an RCA executive who signed the band to the label.

In announcing that he was reviewing the case, Gascón said “it's important to recognize that both men and women can be victims of sexual abuse.”

In the brothers’ first trial, which was nationally televised, Judge Stanley Weisberg allowed extensive testimony about sexual abuse. The brothers had separate juries and both deadlocked.

The judge declared a mistrial.

In the brothers’ second trial, which was not televised, Weisberg severely limited testimony about sexual abuse, and a jury found them guilty of first-degree murder with special circumstances.

Gascón said teams within his office "have spent hundreds of hours by now" reviewing the Menendez case, including the prison files. Among other factors, the review focused on whether the brothers had been rehabilitated and whether they could be released safely into the community.

Under that rubric, he said, the office has resentenced more than 300 people since Gascón has been in office, including 28 people who had been convicted of murder. He said four of those 300 have reoffended.

"If that was the regular recidivism rate around the country, we would be the safest nation in the world," he said.

Support from family members

Several members of the Menendez family were present at Gascón’s news conference. Last week, many of those same family members held a news conference of their own to urge Gascón to seek the re-sentencing of the brothers and their release.

Anamaria Baralt, a cousin of the brothers, introduced a coalition called "Justice for Erik and Lyle" and described the brothers as victims of a system that would not hear them and a culture that was not ready to listen.

"If Lyle and Erik's case were heard today, with the understanding we now have about abuse and PTSD, there is no doubt in my mind that their sentencing would have been very different," Baralt said.

Supporters of the brothers argue they would have been found guilty of voluntary manslaughter instead of murder, based on a legal theory of imperfect self-defense. Manslaughter in California carries a maximum sentence of 11 years in prison.

Joan Andersen VanderMolen, an aunt of the Menendez brothers, said last week that she had struggled for years to come to terms with what happened to her sister's family. She called it a nightmare none of the family members could imagine.

"But as details of Lyle and Eric's abuse came to light, it became clear," she continued, "that their actions while tragic were the desperate response of two boys trying to survive the unspeakable [cruelty] of their father."

Some oppose release

Not all members of the Menendez family want to see the brothers released.

The brother of Kitty Menendez, Milton Anderson, opposes their release, according to his attorney Kathy Cady.

“The ‘new evidence’ Gascón relies on cannot legally justify overturning the murder convictions of Erik and Lyle Menendez, who meticulously planned and executed the cold-blooded murders of both their parents,” Cady said in a statement.

Cady said Anderson has not been contacted by Gascón’s office about a possible resentencing as required by law.

The District Attorney’s Office did not immediately respond to the allegation.

LAist reporter Makenna Sievertson contributed to this report.

If voters were confused about who to support in California’s wide-open race for governor, Rep. Eric Swalwell’s exit amid allegations of sexual assault and misconduct may leave them as mystified as ever.

Swalwell suspended his campaign Sunday evening and resigned from Congress Monday afternoon — a swift fall from power for one of the state’s leading candidates for governor.

He said he would “fight the serious, false allegation made against me. However, I must take responsibility and ownership for the mistakes I did make.”

In theory, one fewer Democratic candidate in the race should help liberal voters consolidate the field. But in a race that was already anyone’s to win, Swalwell’s exit has only “caused more confusion,” said political strategist Marva Diaz, who primarily works with Democrats but is not involved in any gubernatorial campaign.

“I’ve never seen something so in flux while ballots are about to drop,” she said.

Where things stand

Because Swalwell dropped out after a statutory deadline to formally withdraw from an election, his name will still appear on the June 2 primary election ballot. That makes it possible he’ll still get some votes, but his rivals are already seeking to scoop up as many of his supporters as possible.

Both billionaire climate advocate Tom Steyer and law professor and former Rep. Katie Porter circulated polls indicating they could both pick up a sizable portion of Swalwell’s potential voters. Pollsters with the Public Policy Institute of California and UC Berkeley both agreed Steyer and Porter were the most likely to benefit from prior Swalwell supporters.

But they may not be the only ones, and it’s not clear that either one of them will immediately surge into the lead. An independent campaign committee supporting San Jose Mayor Matt Mahan pulled in $12 million million in new and previously committed contributions from wealthy donors since Friday, committee spokesperson Matt Rodriguez said, indicating his backers see an opening.

They’re launching $4.5 million worth of TV and digital ads Tuesday. Mahan is one of the race’s lower-polling candidates, getting 3% of likely voters’ support in a poll commissioned last week by the state Democratic Party.

Until the San Francisco Chronicle and CNN last Friday published stories with explosive sexual misconduct allegations from four women, including a former staff member, Swalwell had consistently polled ahead of most other Democrats in the race for governor. He was often in a three-way tie for lead Democrat alongside Porter and Steyer, with each of them getting between 10% and 15% of voters polled, tied with or trailing the two leading Republicans, Steve Hilton and Chad Bianco.

What happens to his endorsments?

And though Swalwell counted among his supporters a sizable share of the Democratic establishment — his colleagues in Congress, major labor unions and other Sacramento interest groups — it was by no means a consensus. Now, after those groups have scrambled through emergency weekend meetings to pull their endorsements, they’ll have to slog through their internal procedures if they want to back another candidate for governor.

That gives voters fewer pointers on which candidate to back, Diaz said. Some organizations, she added, may be hesitant to endorse another candidate out of concern they, too, could have damaging backgrounds.

“Most people look to labor for guidance, especially on the Democratic side,” Diaz said. “When labor organizations are not working in tandem, it causes a lot of confusion.”

Swalwell was one of four Democrats the California Labor Federation jointly endorsed for governor, along with Porter, Steyer and former Los Angeles Mayor Antonio Villaraigosa. The federation, which could not reach consensus on any individual candidate, likely won’t be revisiting its other endorsements with Swalwell gone, president Lorena Gonzalez said.

But the Service Employees International Union, California Teachers Association and other heavyweights in Democratic politics which had endorsed Swalwell and then withdrew their support may not have time to go back to the drawing board to pick a new candidate. The teachers’ union’s endorsement process, for example, required a vote among hundreds of members from across the state; the union’s next such meeting isn’t scheduled until after the June 2 primary.

Representatives of both unions said they did not have any campaign updates Monday. A spokesperson for the California Professional Firefighters, another major Swalwell supporter, did not respond to inquiries.

Where his backers may throw their support

The effects of Swalwell’s exit on public polling of the race may not be seen for weeks. Donors often look to such measures of a candidate’s performance to decide who to back.

In the last survey UC Berkeley’s Institute of Governmental Studies conducted of the governor’s race, in March, Swalwell’s supporters leaned more liberal and progressive, said institute co-director Eric Schickler. Swalwell also did better than other candidates among older voters and white voters.

Those voters cut a similar profile to Porter’s supporters, Schickler said, lending credence to the idea that his supporters would start following her.

“On the other hand, Porter has had trouble, for a visible politician, has had trouble winning over a lot of Democratic establishment figures in her own right,” he said. “If you look at the support, it’s a little more similar, but not so striking to say these supporters automatically go there.”

What about Swalwell's seat in Congress?

As for Swalwell’s congressional seat, it’s not clear when he’s stepping down. But he said he would work with his congressional staff to ensure they are able to meet the needs of his San Francisco East Bay district, where he was first elected in 2013.

Swalwell’s resignation Monday leaves the call for a special election to finish his term entirely at Newsom’s discretion, since the candidate filing deadline for the June primary has passed, according to the state election code.

Newsom’s office would not say Monday whether the governor will do so.

But if he calls for the election, the earliest date it could be held would be in mid-August, since state law requires it to take place between 126 and 140 days after the proclamation. If Newsom declines to call a special election, Swalwell’s seat will remain vacant until mid-January 2027, dealing a blow to the U.S. House Democrats who are already outnumbered by the Republican majority.

Because Swalwell opted to run for governor instead of retaining his seat in Congress, there are already seven candidates in the running to replace Swalwell in the 14th Congressional District.

CalMatters’ Yue Stella Yu contributed to this story.

New data from the Port of L.A. for March released on Monday shows a 7% increase in exports compared to the same month last year, with 132,000 containers leaving the port despite the turmoil in the Middle East.

“That's the highest output number for the export containers that we've seen in nearly two years,” Gene Seroka, the executive director of the Port of L.A. “While encouraging, we have much more work to do to develop a consistent upward trend."

The overall percentage change in container traffic in and out of the port in March is in the single digits, a 3% drop compared to the same month last year. Seroka said that’s because uncertainty over tariffs a year ago led companies to scramble to get their products through ports.

The longstanding trade deficit continues

However, while there’s an upward trend in exports, the data confirms something that’s been true for years: the U.S. is in a trade deficit. In March, overseas companies sent about three times more goods to consumers here than were sent out of the port by American companies. Last month, the port processed over 380,000 incoming containers, mostly from China, Vietnam and Japan.

That trans-Pacific commerce is insulating the Port of L.A. container volume from one of the most consequential geopolitical conflicts in recent memory — the war with Iran.

“So far, it's a concern, but it's not a worry,” Seroka said.

An electric top handler moves cargo off of semi-trucks at the Port of Los Angeles.

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Foreign shipping companies that do business with the Port of L.A., as well as ports in the Middle East, are doing what they can to protect their trade with the U.S., Seroka said.

“The transpacific business is the most lucrative of any east west [trade] for the service providers and shipping lines… they'll go to great lengths to make sure those supply chains remain intact,” he said.

The port is the busiest in the Western hemisphere, generating more than $300 billion in trade last year, making it an important regional and national economic engine.

But the war is affecting shipping companies and consumers in other ways. The price of gasoline has gone up, as well as cargo ship fuel, which will likely be passed on to consumers.

The directors of a beloved Los Angeles puppetry institution said Monday their theater is here to stay now that they’ve worked out a plan to buy their building.

The Bob Baker Marionette Theater has been delighting L.A. kids — and kids at heart — since 1963. But in 2019, a landlord’s redevelopment plans forced the theater to move from its original location near downtown L.A. to its current venue in Highland Park.

Co-executive director Mary Fagot said discussions to purchase the building began in 2024. Those talks have culminated in a deal to buy the building for $5 million from its owner, Capstone Equities.

Once the sale is complete, Bob Baker will be able to redirect rent money to new programming, field trips and special events, Fagot said.

“Buying the building means that we won't be subject to rent increases or even another displacement in the future,” she said. “We'll be able to go on presenting our special brand of magic, creativity and imagination, here in this location, forever.”

How puppetry lovers can help secure the deal

The theater said it has already raised $4.5 million for the purchase from organizations such as the Perenchio Foundation, the Kohl Family Foundation and the Ahmanson Foundation, as well as philanthropists and celebrities, including Wallis Annenberg, Jack Black and Tanya Haden.

Now the theater is asking the public for help raising the last $500,000, so it can close the deal without carrying debt into the future.

The news comes as new audiences have been getting to see White Cat, Skateboarding Clown, Gorgeous and all of the theater’s other distinctive puppets in action.

Bob Baker puppeteers brought their talents to Coachella last weekend. They’ll be there again this weekend, adding a dash of whimsy to a lineup that includes headliners Sabrina Carpenter, Justin Bieber and Karol G.

What’s next?

The theater is also prepping to debut its first new show in 40 years, an hour-long train-themed adventure called Choo Choo Revue.

Fagot said L.A. families are always bringing new generations of kids to their regular shows in Highland Park.

“To be able to say with certainty that this theater will be here for my kids and my kids' kids, and really for the cultural landscape of Los Angeles for generations to come — it feels like a really big deal, not just for us, but for L.A.,” Fagot said.