POLL: Do you think Erik and Lyle Menendez should be released from prison?

Erik and Lyle Menendez have been in prison for over 35 years but could have a second chance at freedom thanks to a decision by Los Angeles County District Attorney George Gascón.

The brothers were convicted of fatally shooting their parents, Jose Menendez and Kitty Menendez, in their Beverly Hills home in 1989. Erik Menendez was 18 and Lyle Menendez was 21Both brothers claimed Jose Menendez sexually abused them and they killed their parents because they feared for their lives.

The brothers went to trial separately in 1993, but neither jury could reach a verdict, so both were ruled a mistrial. They were tried a second time in 1995, and, according to the district attorney’s office, prosecutors argued that the brothers "fabricated the abuse." Additionally, evidence of the purported abuse was excluded from the trial. In 1996, a jury found the brothers guilty of first-degree murder. They were sentenced to life in prison without the possibility of parole.

With recent media attention from new documentaries and calls from celebrities to free the brothers, Gascón announced this month that he was reviewing the case.

In an Oct. 24 press conference, Gascón said he was recommending a resentencing for the brothers so they could be released because he believes "that they have paid their debt to society." Gascón said both should qualify for resentencing because they were younger than 26 at the time the crime occurred.

Under Gascón’s resentencing policy, factors in reviewing the case include "the age of the person at the time of the crime, as scientific evidence shows that the juvenile brain is not fully formed to understand risk."

Gascón acknowledged Jose and Kitty Menendez and mentioned how "we must acknowledge the deep pain and suffering experienced by the victims' families."

Gascón spoke about how the brothers have made "continuous rehabilitative efforts during their incarceration."

He continued, "Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence. We recognize that it is a widespread issue impacting individuals of all gender identities, and we remain steadfast in our commitment to support all victims as they navigate the long-lasting effects of such trauma."

Gascón is filing the resentencing recommendation, but a Los Angeles County judge will make the final decision.

Do you think Erik and Lyle Menendez should be released from prison? Share your answer in the poll!