Menendez brothers resentenced as experts blast 'indefensible' bid for killers freedom
Judge Michael Jesic ruled Tuesday that both brothers received a reduced sentence of 50 years to life with the opportunity for parole for the 1989 shotgun murders of their parents, Jose and Kitty Menendez.
"I'm not suggesting they should be released [on parole]. That's not for me to decide," he said.
Their fate now lies in the hands of the parole board and Calif. Gov. Newsom.
Former Assistant U.S. Attorney Neama Rahmani told Fox News Digital that Erik and Kyle Menendez "will likely be freed in a matter of months," adding that he does not expect "the parole board or Governor Newsom" to block their release.
Rahmani noted that the resentencing decision rests on whether the brothers pose "an unreasonable risk of committing another violent crime," and he believes the evidence weighs heavily in their favor.
Pointing to Judge Jesic's ruling, Rahmani explained that because former LA County District Attorney George Gascon initiated the resentencing request, new LA DA Nathan Hochman "couldn't pull it back," and the court could only deny resentencing if the risk threshold wasn't met.
"That wasn't the case," he said, saying that "prison guards and other inmates testified that they were model prisoners."
Rahmani also highlighted the unprecedented support from the Menendez family, observing that "every living family member of Jose and Kitty Menendez also supported their release, which is something that never happens. Victims do not support resentencing."
Judge Jesic made this point while handing down the reduced sentences, saying he had given a lot of thought to the sentence, while acknowledging "the horrific crimes the brothers committed."
He added that he was "equally shocked by letters of support he received from prison officials" who spoke highly of the brothers' actions behind bars, calling it "remarkable."
Jesic stated the original sentence of life without parole was appropriate, but given the change in state law allowing for resentencing, Jesic said, "They've done enough over 35 years to get that chance."
Rahmani stressed that such broad victim-family backing made it all but impossible for the current district attorney to derail the process.
"The bottom line is that there was too much support for the Menendez brothers, both inside and outside the courtroom, for Hochman to prevent their resentencing," he said. It just goes to show the power of a Netflix series."
He added that "the Menendez brothers should send Netflix and former LA County DA Gascon nice cards this holiday season."
The resentencing hearing comes after the brothers filed a habeas corpus petition in May 2023 citing new evidence of sexual assault. Former Los Angeles County DA George Gascon then filed a motion for resentencing in October 2024. Both filings follow the passage of AB 600, a California law allowing for resentencing of long-convicted inmates to align with current law.
Gascon recommended resentencing the brothers to 25 years to life for each count of first-degree murder, so a total of 50 years to life for each brother. Because of their age at the time of the murders, that sentence would make them eligible for parole. Gascon cited "a deeper understanding of the complexities surrounding sexual violence" and "Erik and Lyle's continuous rehabilitative efforts."
During the morning session on Tuesday, three Menendez family members were called to the stand by the defense to try and convince the judge that the brothers had shown remorse and had been rehabilitated.
All three witnesses were asked whether they thought their male cousins would in fact commit another heinous crime.
"There is no chance," Anamaria Baralt said. "I would bet my life on it."
"They are not going to commit a [serious crime]. Because they have too many plans to give back to the world," Tamara Goodall said.
"Absolutely. No. None. They are extremely remarkable people now," Diane Hernandez said.
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Mark Geragos, the attorney for the Menendez brothers, said the family's unified plea for the brothers' resentencing is a "unicorn."
The brothers, now 57 and 54, were dressed in blue jail garb, and flashed big grins following their resentencing, and waved to family and friends in attendance.
Erik and Lyle Menendez appeared in court via video camera from the San Diego prison where they are incarcerated and were each given a chance to address the court prior to their sentencing.
Each brother spoke for about 10 minutes and offered full admission to the crimes.
Lyle Menendez spoke first and took responsibility for the cold-blooded killing of his parents in their Beverly Hills mansion in 1989.
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"I take full responsibility. I killed my parents. I made the choice to kill my mom and dad in their own home."
"I made the choice to make a mockery of the justice system. I offer no excuse and I don't blame my parents," he said.
"I was impulsive and immature, and I bottled up my own emotions and anger. I was scared, but also filled with rage," he continued. "Had I had the coping skills and trusted others, I would have not done this. Even after I killed him (Jose), I still heard his voice."
"I'm deeply ashamed for what I did," he said.
After his older brother addressed the court, Erik Menendez spoke, expressing his "profound sorrow."
"I fired all five rounds at my parents and went back to reload. I lied to police. I lied to my family. I'm truly sorry," he said.
"My actions were criminal, selfish and cowardly. I take full responsibility. I am truly sorry. My parents should be alive. There can never be full healing for my crime," he continued. Geragos took a victory lap following the bombshell ruling for the killers brothers' resentencing.
"I never thought two years later we'd be standing here after 35 years with this wonderful family that I have grown to love like my own family," Geragos said. "And now we see the pot at the end of the rainbow, so to speak."
Following the judge's decision, LA District Attorney Hochman shared his response to the ruling and said "Justice should never be swayed by spectacle."
"The decision to resentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice," Hochman said in a news release. "Our office's motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision.
"The case of the Menendez brothers has long been a window for the public to better understand the judicial system. This case, like all cases — especially those that captivate the public — must be viewed with a critical eye. Our opposition and analysis ensured that the Court received a complete and accurate record of the facts. Justice should never be swayed by spectacle."
The brothers remain in prison, but are now eligible for parole.
Both Lyle and Erik are already scheduled to appear before the board on June 13th as part of a comprehensive risk assessment report (CRA) ordered by California Governor Gavin Newsom, who is considering the brothers' clemency request – a separate potential path to freedom. Fox News is told the two types of parole hearings cannot be combined.
The parole board is expected to submit its clemency recommendation to Newsom on the June date.
Newsom can also commute their sentence at any time.
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