BEVERLY HILLS, CALIF. - NOV. 30, 1989 - Menendez brothers, Erik, left, and Lyle on the steps of their Beverly Hills home in November, 1989. (Ronald L. Soble / Los Angeles Times via Getty Images)
Los Angeles, California – The Menendez brothers’ longshot bid for freedom takes another turn Friday as a Los Angeles judge considers whether to withdraw a motion that could lead to their resentencing.
Lyle Menendez, 57, and Erik Menendez, 54, are serving life sentences without the possibility of parole for the 1989 shotgun murders of their wealthy parents, José and Mary Louise “Kitty” Menendez, in their Beverly Hills mansion. The brothers, convicted in 1996, have argued they were driven to kill after years of sexual and psychological abuse by their father. The latest hearing marks a pivotal moment in their effort to reduce their sentences—or gain clemency.
The Los Angeles County District Attorney’s Office, now led by Nathan Hochman, has asked the court to pull a 2023 motion filed by former DA George Gascón that supported resentencing the brothers. Hochman has called their claims of abuse and self-defense a “litany of lies,” saying they have failed to take full responsibility for their crimes.
Gascón had argued the brothers should be eligible for parole because they were under 26 at the time of the murders and have shown signs of rehabilitation over their 35 years behind bars. He recommended a sentence of 50 years to life instead of life without parole, potentially making the brothers immediately eligible for parole.
Over 20 Menendez family members support the brothers’ release. Advocates say the brothers have grown into model inmates who lead educational and rehabilitation programs in prison.
A clemency request is also pending with California Gov. Gavin Newsom, who has ordered a 90-day risk assessment to evaluate whether the brothers pose a danger to the public. Parole hearings are scheduled for June 13.
The brothers’ third legal avenue is a habeas corpus petition, based on new evidence, including a letter Erik wrote before the murders alleging sexual abuse, and accusations from a former boy band member claiming he too was abused by José Menendez. Hochman has said the new evidence is not credible.
The brothers’ case has been revived by renewed public interest, driven by Netflix documentaries and social media campaigns portraying them as victims of severe trauma. Their first trial ended in a mistrial, and their second trial, which resulted in convictions, restricted testimony about abuse.
Whether the brothers walk free may ultimately depend on whether courts and the governor believe their transformation is genuine—or if justice still demands they remain behind bars.
