Will the Menendez Brothers Be Released? Breaking Down their 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.

Resentencing Track

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.

Clemency

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.”

Habeas Corpus

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.