Breaking Down the Menendez Brothers' Legal Paths to Freedom
Nearly three decades after Lyle and Erik Menendez were convicted of murdering their parents in a Beverly Hills mansion, the brothers—whose case was thrust back into the spotlight by Ryan Murphy's 2023 docuseries—may be edging closer to freedom.
This week, they are set to appear virtually in a Los Angeles courtroom as their lawyers argue for a resentencing that could open the door to parole, marking a pivotal moment in one of America's most notorious criminal cases.
The prospect of resentencing emerged last October, when then-L.A. County District Attorney George Gascón announced he was 'keeping an open mind' about the case.
In the months that followed, the brothers' family launched a campaign, "Justice for Erik and Lyle," urging officials to reconsider the life-without-parole sentences handed down in the 1990s. Gascón subsequently recommended their terms be reduced to 50 years to life, which would make them eligible for parole under California law.
The resentencing effort is just one of several legal avenues now being pursued in an effort to secure the brothers' release.
Here are the paths available to Eric and Kyle, now aged 54 and 57 respectively.
This Tuesday and Wednesday are crucial for this path to release, in which the Menendez brothers will look towards Los Angeles County Superior Judge Michael Jesic to decide whether to proceed with former D.A. Gascón's recommendation.
The hearings had been delayed for months, complicated by the arrival of District Attorney Nathan Hochman, who has taken a markedly different view of the case than his predecessor.
In April, Hochman moved to withdraw Gascón's recommendation, arguing that he did not believe the brothers had taken full responsibility for their crimes. This move was then rejected by Judge Jesic, paving the way for this week's hearings to take place.
The brothers' longtime defense attorney, Mark Geragos, said he will call on at least seven family members to testify. It remains unclear whether the brothers will speak.
Since the brothers were both under 26 years old at the time of their crimes, if they are resentenced, they will be eligible for parole immediately under California law.
Alongside the court proceedings, a separate clemency request sits with California Gov. Gavin Newsom.
Newsom has scheduled a parole board hearing date of June 13, to assess whether the two brothers pose a threat to the public.
Under state law, parole can be granted if an inmate is no longer considered 'an unreasonable risk of danger to society.'
On his podcast 'This is Gavin Newsom' in February, Newsom explained that the hearing would include the opinions of various public safety experts and forensic psychologists.
'There's no guarantee of outcome here,' Newsom said. "My office conducts dozens and dozens of these clemency reviews on a consistent basis but this process simply provides more transparency, which I think is important in this case, and more due diligence before I make any determination for clemency.'
The final, and least likely path, lies in the 'habeas corpus' petition filed by the brothers' attorneys in 2023, seeking a new trial based on what they describe as newly discovered evidence.
Central to the new evidence is a letter from Erik Menendez when he was 17 to a cousin, describing alleged sexual abuse by his father, Jose Menendez — claims that formed the crux of the brothers' defense during their 1996 trial.
Their legal team also cite allegations made in 2023 by Roy Rossello, a former member of the boy band Menudo, who claims he was raped by Jose Menendez.
To succeed, the petition must meet a high legal bar: the evidence must be new, credible, admissible, and could not be discovered at the time of the trial.
Contact us at letters@time.com.
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The pair getting the chance to be heard in front of the board is also thanks to those online who brought their case back into the limelight decades later. In 2024, Ryan Murphy aired the limited series 'Monsters: The Lyle and Erik Menendez Story,' starring Cooper Koch as Erik and Nicholas Alexander Chavez as Lyle. Koch also supported the brothers at their resentencing hearing. 7 'True Crime News' podcast host Ana Garcia. Instagram/@anagnews 'I do believe that the show had an impact,' Garcia explained. 'I also believe the documentary did. I also believe that Kim Kardashian writing her essay about why she believed that we should judge them based on how we all now view the kind of sexual abuse they say that they experienced. I think there has been a groundswell of support to have their case re-examined based on how we now understand victims of crime. Meaning they were victims here.' 'But as I've said before to you, if every child who was abused killed their parents, we'd have a lot of dead parents. What I ask myself over and over again – this was clearly premeditated. They had so many opportunities not to kill their parents. Yet they went through with this plan, and then it was the cover-up afterwards.' Along with a strong support system from around the country, Lyle and Erik also have their family members standing by them. Joan VanderMolen, Kitty's sister, has fought for their freedom along with Terry Baralt, José's only living sister. 7 Los Angeles County District Attorney Nathan Hochman. Getty Images 'I hear the Menendez family speaking loudly and clearly to every judge who will listen to them, every prosecutor who will listen to them,' Garcia shared, 'that they believe Lyle and Erik have already served enough time. Is that enough for a murder? For some cases, it is.' Which might increase Lyle and Erik's chances of being released. The siblings will also get a chance to write a statement of personal change, which is 'their explanation to the board of what they were thinking at the time, why they did it, what they now know, and how they've been rehabilitated.' 7 Emmy award-winning journalist Ana Garcia. Instagram/@anagnews 'What I see a lot of is if you deny your crime, if you're still saying that you're innocent, that you're still saying you didn't kill him or her, that the parole board doesn't like that,' Garcia expressed. 'They want to hear you admit to your crime. They want to see that you've been rehabilitated, and they really want you to take responsibility, so that's going to be really important.' 'The question is, the violence,' she noted. 'The level of violence in this crime and complete disregard for human life. How are you going to explain this?' Their crime is one that Los Angeles County District Attorney Nathan Hochman can't reconcile. 'He has tried to block everything,' Garcia confessed. 'He does not believe they are rehabilitated. He didn't want them to be resentenced. In fact, it was so interesting – you rarely have the actual DA arguing a case in court, but this time, he stood with the other prosecutor assigned to the case and argued the case in front of the judge. That's how strongly the DA feels about this. Is he happy with the resentencing? No.' 7 Erik Menendez (L) and his brother Lyle (R) listen during a pre-trial hearing, on December 29, 1992 in Los Angeles. AFP via Getty Images Hochman, 61, who was elected late last year, isn't looking to back down. 'He has said he will or his prosecutors will be attending the parole board hearing, and I think he's going to make his case as to what he believes,' Garcia said. 'He described them in that hearing as being a moderate risk to society. That's one of the biggest hurdles that the parole board has to figure out. Are you a risk to society? No matter how much everyone has screamed, we need to see some change we have. Their sentence has been reduced, but they are still not free.'
