Brothers Erik and Lyle Menendez, who have been incarcerated for life for the 1989 murders of their parents in Beverly Hills, are scheduled to have a hearing on Thursday to determine if they might be eligible for a reduced sentence and a path to parole after spending more than three decades behind bars. The two-day hearing will assess whether the siblings’ sentence of life without the possibility of parole can be revised, potentially granting them the chance of release. The judge’s decision carries significant implications for the extensive network of attorneys, family members, and online supporters who have, in recent years, reignited a campaign for Erik and Lyle’s freedom, partly fueled by renewed attention from a docuseries and a fictionalized Netflix drama that revisited the case.
Since 2023, Erik and Lyle have been pursuing a three-pronged legal strategy to secure their release: the resentencing effort, a request for clemency from California Governor Gavin Newsom, and an appeal for a new trial based on claims of newly discovered evidence. While a new trial would solely focus on the details of the brothers’ crime, the resentencing decision allows the judge to consider additional factors, including their efforts toward rehabilitation.
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Dozens of Menendez relatives assert that Erik and Lyle have demonstrated years of remorse and rehabilitation since they fatally shot their parents, Kitty and José Menendez, in their opulent family mansion. They also argue that the severity of the sentence should be reconsidered due to an increased cultural understanding of childhood sexual abuse since the murders, which the brothers have long maintained were acts of self-defense following years of abuse at the hands of their father. However, while the brothers’ case was initially supported by the former Los Angeles County district attorney, his successor, Nathan Hochman, has adopted a more stringent stance against their release, posing a threat to their considerable momentum. Hochman has stated his intention to oppose the brothers’ request for a new trial and attempted to withdraw the former DA’s motion supporting their resentencing – a move that was rejected by a judge last week. Hours before Thursday’s hearing, Hochman’s team filed a motion for a continuance to postpone the proceedings, stating that “comprehensive risk assessments” of the brothers conducted by the parole board were now complete and the court requires time to review them. “The People believe that the Court should have all available information before making this important decision. To the extent the Court needs additional time to obtain these documents from the Governor’s office, the People request a continuance as necessary,” the motion filed on Wednesday stated. The district attorney has dismissed the brothers’ self-defense claim as “fabricated,” arguing instead that the brutal crimes were premeditated and casting doubt on the veracity of their allegations of sexual abuse. Hochman has urged Erik and Lyle to admit they have “lied to everyone for the past 30 years.” Anamaria Baralt, a cousin of the brothers who has been leading the family’s efforts for their release, expressed her disbelief that Erik or Lyle would retract their years-long defense at Hochman’s command. “There is no part of me that thinks that Lyle and Erik are going to capitulate to his demands,” Baralt told CNN last month. “That would be a slap in the face to every survivor that they have stood up for in their lives.” Erik Menendez, left, and Lyle Menendez in undated mugshots. California Department of Corrections The brothers’ legal team is expected to present a lineup of former prosecutors, past inmates, corrections personnel, and potentially family members to testify about Erik and Lyle’s rehabilitative progress in prison. If the judge grants Erik and Lyle the revised sentence, a parole board will then review their case and could recommend them for parole. This decision will then be sent to Governor Newsom, who will have 120 days to approve, reverse, or modify the recommendation. While the family is desperate for Erik and Lyle’s release, Baralt also expressed concern that the public might still view the men, now middle-aged, as the sweater-clad youths who testified in the 1990s, a portrayal by prosecutors and the media that depicted them as arrogant, self-assured heirs to their parents’ $14 million estate. If released, the brothers would re-enter society as men in their 50s who have spent the majority of their adult lives within the prison system. “They have a lot of supporters in the world, but not everyone is a supporter,” Baralt said. “They have not lived outside of prison in the age of social media that can be unforgiving and brutal, and that concerns me a lot. … I am hopeful that they will find their way.”
Brothers pursuing several paths to freedom
Even if the resentencing bid is unsuccessful, Erik and Lyle’s fight for release is far from over. The brothers are pursuing two other avenues for release: a new trial and clemency. Governor Newsom has the authority to commute the brothers’ sentences, which would result in their immediate release from prison. The governor has so far refrained from making a decision but has requested the state Board of Parole Hearings to investigate whether the pair would pose an “unreasonable risk” to the public if they were released. The parole board is scheduled to hold a hearing with the brothers on June 13 and will subsequently share its recommendation with Newsom. The brothers’ attorneys have also filed a request for a new trial, known as a habeas petition. Their legal team claims that new evidence of sexual abuse by the siblings’ father has emerged since their trials in the 1990s, including a 1988 letter from Erik Menendez to a relative referencing the alleged abuse. During their trials, the brothers admitted responsibility for the killings of their parents but argued that they should not be convicted of premeditated murder. In their first trial, which involved separate juries for each brother, Erik and Lyle testified that they had endured a lifetime of physical and sexual abuse by their father and believed their mother was aware and chose to do nothing. Their lawyers argued that the pair killed their parents because they feared for their lives.
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The first trial ended with a hung jury for each man, leading to a second trial in which the judge excluded most of the evidence related to sexual abuse. Both brothers were convicted of murder and sentenced to life without parole. Their attorneys have argued that if the evidence of abuse had been allowed in the second trial, the brothers would have been convicted of manslaughter instead of first-degree murder. The ultimate decision rests with a judge, but Hochman has
