Judge Resentences Erik and Lyle Menendez, Making Brothers Eligible for Parole — and Possible Freedom
Lyle, now 57, and Erik, now 54, were sentenced to life in prison without parole for fatally shooting their parents Jose and Kitty Menendez, in the den of their Beverly Hills, Calif., home on Aug. 20, 1989. The killings, according to the brothers, came after years of sexual abuse by Jose — abuse which they claimed was ignored by their mother.
Prosecutors at the time said the two brothers' motive was greed and cited their lavish spending spree after the slayings. But in the decades since, Lyle and Erik have maintained that they feared for their lives and that Jose had threatened to kill them if they told anyone about the sexual abuse.
Many members of Lyle and Erik's family have openly supported their bid for release, including their maternal aunt Joan VanderMolen. Family members supported the brothers' bid for release by testifying at their re-sentencing hearing.
The case re-emergered in May 2023 when the brothers' lawyers filed a Habeas Corpus petition in Los Angeles County Superior Court seeking a new trial based on new evidence.
The evidence includes a letter Erik wrote eight months before the murders including mentions of the alleged molestation and Roy Rosselló's claims that he was drugged and raped by José in the 1980s.
By October 2024, the brothers had the support of then-Los Angeles District Attorney George Gascón, who formally recommended that the brothers each be resentenced to 50 years to life, making them immediately eligible for parole. However, Gascón lost the November election to Hochman, who then withdrew his predecessor's resentencing recommendation.
Related: Menendez Family Reveals Erik and Lyle's Mindset as the Brothers Await Their Last Chance for Freedom (Exclusive)
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Hochman has tried to argue that the brothers have not taken full responsibility for their crimes and accused them of telling "lies" for the "past 30 years," per a press conference last fall.
As far as clemency, Governor Gavin Newsom said his decision will not be made until after their final hearing.
If you or someone you know has been a victim of sexual abuse, text "STRENGTH" to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.
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Advertisement The board will assess whether the brothers pose an 'unreasonable risk of danger to society' if released, considering factors like criminal history, motivation for the crime, and signs of remorse, behavior while in prison, and plans for the future, according to the California Department of Corrections and Rehabilitation. Even if the board grants their parole, it could still be months before the brothers walk free — if at all. If the board grants each brother's parole, the chief legal counsel has 120 days to review the case. 5 Erik (right) and Lyle (left) Menendez were sentenced in 1996 to life in prison for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion in 1989. AP Then Democratic Gov. Gavin Newsom has 30 days to affirm or deny the parole. Only then, if Newsom affirms the parole, would the Menendez brothers be able to leave prison. Advertisement Newsom had previously ordered the state parole board to conduct a risk assessment of the brothers in response to a clemency request. At the time, he emphasized that the key question was whether the brothers posed an 'unreasonable risk to public safety.' Read more on the Menendez brothers' case He noted at a May news conference that he has both approved and rejected decisions by the parole board before and that he was the 'ultimate arbiter.' 5 Menendez brothers, Erik, left, and Lyle, on the steps of their Beverly Hills home in November 1989. Los Angeles Times via Getty Images Advertisement The brothers' lawyer, Mark Geragos, sought release last month for Erik Menendez after he was hospitalized for a 'serious medical condition.' He has since returned to prison. The case has captured the attention of true crime enthusiasts for decades and spawned documentaries, television specials and dramatizations. The Netflix drama ' Monsters: The Lyle and Erik Menendez Story ' and the documentary 'The Menendez Brothers,' both released in 2024, have been credited for bringing new attention to the brothers. Start your day with all you need to know Morning Report delivers the latest news, videos, photos and more. Thanks for signing up! Enter your email address Please provide a valid email address. By clicking above you agree to the Terms of Use and Privacy Policy. Never miss a story. Check out more newsletters In the last year, weigh-ins from celebrities such as Kim Kardashian and a greater recognition of the brothers as victims of sexual abuse have helped amass a legion of supporters who have called for their release. Some have flown to Los Angeles over the past few months, holding rallies and attending court hearings as the brothers' attorneys pushed for their resentencing. 5 Lyle, left, and Erik Menendez leave the courtroom in Santa Monica, Calif., Aug. 6, 1990, after a judge ruled that conversations between the two brothers and their psychologist after their parents were slain coudl be used as evidence in their murder case. ASSOCIATED PRESS The previous LA County district attorney, George Gascón, first opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for fellow people in prison, his office said in a petition. 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