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Fox News
14-05-2025
- Fox News
Menendez brothers resentenced as experts blast 'indefensible' bid for killers' freedom
Print Close By Stepheny Price, Sarah Rumpf-Whitten Published May 14, 2025 LOS ANGELES – In a bombshell decision, Los Angeles County Superior Court Judge Michael Jesic slashed the Menendez brothers' original life-without-parole terms to 50 years-to-life, making Erik and Lyle eligible for parole. 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. MENENDEZ BROTHERS COULD GET FREEDOM UNDER CALIFORNIA LAW SIGNED BY GAVIN NEWSOM: EXPERT 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." MENENDEZ BROTHERS' RESENTENCING MOVES FORWARD AS DA CALLS OUT 'DECEIT, 'NARCISSISTIC TENDENCIES' IN PRISON 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." FREEDOM FOR THE MENENDEZ BROTHERS MIGHT COME FROM A SURPRISING SOURCE. AND THIS COULD BE NEXT 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. FOLLOW THE FOX TRUE CRIME TEAM ON X 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. SIGN UP TO GET TRUE CRIME NEWSLETTER 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. WATCH ON FOX NATION: MENENDEZ BROTHERS: VICTIMS OR VILLAINS? 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. GO HERE FOR REAL-TIME UPDATES FROM THE FOX TRUE CRIME HUB "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. MENENDEZ BROTHERS CASE: WHAT'S NEXT FOR KILLERS AFTER DEFENSE, DA SPAR OVER 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." CLICK HERE TO GET THE FOX NEWS APP 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. Fox News' Lee Ross contributed to this report. Print Close URL


CBS News
14-05-2025
- CBS News
Menendez brothers eligible for parole after resentencing: "One huge step closer to bringing the boys home"
The Menendez brothers have been resentenced to 50 years to life in prison, opening them up for the possibility of parole after spending more than three decades behind bars for killing their parents decades ago. Prior to the judge's decision on Tuesday, Erik and Lyle Menendez were serving life sentences without the possibility of parole for the 1989 killings of their parents, Kitty and Jose Menendez, inside their Beverly Hills home. The brothers have claimed that they acted in self-defense after years of alleged physical, sexual and emotional abuse at the hands of their parents. If approved, the case will go to the California Board of Parole Hearings before it is sent to the governor's office. Mark Geragos, the attorney representing the brothers, thanked Judge Michael Jesic for his decision. "I want to hat tip Judge Jesic, who was able to cancel out all the noise surrounding this, all of the grandstanding, all of the political back-and-forth, and he did what the code section said he should do, he did what justice said should happen, he struck the special circumstance and sentenced them to 50-to-life," he said. "The resentencing has happened." He called the decision one that "will reverberate in the criminal justice system." "It's a whole different world we live in now," Geragos said. "One of the things I think is important is to recognize that, like the legislature has done, we have evolved — this is not the 90s anymore." After 35 years behind bars, Erik and Lyle Menendez's relatives rejoiced after the judge's decision. "I am so happy that I wore waterproof mascara, as I am feeling. I've been crying all day long," cousin Annamaria Baralt said. "Mark Geragos and Cliff Gardner, thank you so much. You have brought hope to this family." The road to resentencing Erik and Lyle Menendez's appellate attorneys filed a resentencing petition in 2023, arguing that new evidence corroborated the brothers' abuse allegations and supported their bid for a reduced sentence, potentially leading to their release or parole consideration. "Two years ago, Cliff and I were talking about another case, and he mentioned the Menendez brothers," Geragos said, mentioning Cliff Gardner, the appellate attorney who first filed the resentencing petition in 2023. "We decided, let's do it. ... Now we see the pot at the end of the rainbow and their freedom." Before heading into court on Tuesday, Hochman reiterated the prosecution's stance that they do not believe the brothers should be released at all, just not yet. He alleged the Menendez brothers killed their parents in a "methodical way" similar to a "mafia hit." Last week, Judge Jesic was set to consider a recusal motion filed by appellate attorney Mark Geragos in April seeking to have Los Angeles County District Attorney Nathan Hochman and his office removed from the case. In court documents, Geragos argued that "a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair treatment through all related proceedings." But Geragos withdrew the request before the hearing on Friday, saying he did not want any more delays in the resentencing process. On Friday, Hochman again attempted to withdraw former Los Angeles County District Attorney George Gascón's 2024 resentencing motion in support of Erik and Lyle Menendez, claiming a parole board's comprehensive risk assessment on the brothers should be included when considering their petition. Hochman argued that the brothers have not taken full responsibility for their crimes. California Gov. Gavin Newsom ordered the risk assessment earlier this year as part of the Menendez brothers' request for clemency. Read more: Menendez brothers' family blames LA County DA Hochman after their aunt is hospitalized In court Friday, Hochman said the board "determined that each of the Menendez brothers constituted a moderate risk of violence, which was higher than the prior determinations of low risk of violence." He said the report cited specific actions by Erik and Lyle Menendez that supported the determination, including an incident in January in which Erik Menendez was allegedly found with a cell phone that was illegally brought into prison. Geragos argued that risk assessment should not be allowed in resentencing proceedings, saying the parole board does not allow psychologists to testify in hearings, including resentencing hearings. The state parole board is set to conduct separate hearings on June 13 for Erik and Lyle Menendez. The board will then send Newsom final reports to help the governor determine whether the brothers should receive clemency. The brothers appeared at the resentencing hearing virtually from the Richard J. Donovan Correctional Facility in San Diego, where they are both incarcerated. During a court recess, Geragos spoke to reporters, saying the Mendez brothers' family members are unified in their belief that they should be released. He also said the resentencing hearing is about redemption and not about relitigating the facts of the crime, like he accused the DA's office of doing. Geragos and his team are asking for the brothers to be released without a parole hearing by pushing for a recall of their initial sentence to a lesser one. "I'm hopeful and glad we're one huge step closer to bringing the boys home," Geragos said. What was the new evidence in the Menendez brothers' resentencing petition? The first witness to take the stand during Tuesday's resentencing hearing was the brothers' cousin, Baralt. She took the stand after Jesic explained the law for resentencing that says, unless there's a super strike, he has the presumption that the brothers will be resentenced. She said she has forgiven the brothers and believes they are different men from the boys who committed the crimes. She added that if they are free, she assumes the brothers would advocate for victims of sexual abuse and childhood trauma. Baralt was cross-examined by Deputy District Attorney Habib Balian for the prosecution. He asked her if they had ever admitted to any of the alleged lies they made during their initial trial, about making people falsely testify, and she said no, they have not discussed those details. Baralt has been a longtime advocate for the Menendez brothers' release, appearing at several demonstrations, including one outside of Hochman's office in March. Who testified at the Menendez brothers' resentencing hearing? Along with Baralt, two other cousins of the Menendez brothers, Tamara Goodell and Diane Hernandez, also offered testimony on Tuesday. Goodell provided information on some of the ventures the brothers have taken on while behind bars, including Lyle's Greenspace Project and Erik's work on providing hospice care to the aging inmate population. The fourth witness, former judge Jonathan Colby who described himself as tough on crime, said that the brothers helped him change his mind on inmate rehabilitation. He says that in the past he has never written a declaration nor has he testified for any other inmate, but after meeting them while doing outreach work with his dog Gracie, he hopes to help educate other judges. Anerae Brown, an ex-inmate sentenced to death row, also testified on Tuesday. He offered a look into his relationship with the brothers, who he says helped him earn parole after spending 26 years in prison. "As a life prisoner with 31-to-life, becoming a youthful offender, seeing the laws change and ultimately being free ... I can assure everyone here that the brothers will do a great job when they get to board," he said. Brown joined the brothers' family after the resentencing decision. "I'm very proud of them for continuing in this way to lead," Brown said. "The fact that they pursued so many different rehabilitative possibilities, that they instituted so many different programs and made it so far is going to produce a sort of hope in a hopeless environment."


New York Times
14-05-2025
- New York Times
Menendez Brothers Resentenced to Life With Parole, Paving Way for Freedom
Lyle and Erik Menendez were resentenced on Tuesday to life in prison with the possibility of parole, setting the stage for their possible release after more than three decades behind bars for killing their parents in their Beverly Hills mansion. The decision, by Judge Michael V. Jesic of Los Angeles Superior Court, came after a day of testimony by family members, who said the brothers had turned their lives around inside prison through education and self-help groups. They urged the court to reduce the brothers' sentences for the 1989 killings. While Judge Jesic's decision was the most important legal step so far in the brothers' long effort to win release, it is not the final step. In reducing the brothers' sentence, the judge has allowed them to be immediately eligible for parole. Now the attention will be on the state's parole board. The brothers were already scheduled to appear before the board on June 13 as part of Gov. Gavin Newsom's consideration of clemency, a separate process that has unfolded in parallel to the resentencing effort. The decision to resentence the brothers is a remarkable turn in a saga that has gripped the nation's attention for decades. In 1989, the story of sexual abuse and murder in one of America's ritziest cities was irresistible to the media and public, and it foreshadowed an even greater obsession with another Los Angeles story — the murder case against O.J. Simpson. The brothers said they burst into the den of their Beverly Hills mansion on a Sunday evening in 1989 and killed their parents with shotguns because they had endured years of sexual abuse from their father. They said they feared their parents would kill them to keep the abuse secret. At the time, Lyle was 21 and Erik, 18. Now two middle-aged men, the brothers appeared remotely at the resentencing hearing on Tuesday from their prison near San Diego, sitting stoically in blue jumpsuits while witness after witness testified on their behalf. Through a video feed, they both spoke on Tuesday afternoon, taking responsibility for their crimes and apologizing to their relatives, who sobbed softly in the courtroom. This is a developing story. Check back for updates.