After months of delays and formal opposition from the current Los Angles County district attorney, the proposed resentencing of Lyle and Erik Menendez is finally going to court.
This past Friday, a superior court judge denied a petition from District Attorney Nathan Hochman to throw out his predecessor’s recommendation for resentencing the brothers, who were convicted of the murders of their parents, José and Kitty Menendez, in 1989. Now, a hearing to potentially adjust their sentence to 50 years to life in prison—that would make them eligible for parole immediately—is scheduled for Thursday and Friday at the Van Nuys Courthouse.
Lyle, 57, and Erik, 54, watched Friday’s proceedings from prison through a video stream, while members of their family attended in person. “I don’t want to get ahead of myself, but today is a good day,” their attorney Mark Geragos said. “Justice won over politics. It’s been a long time coming.” However, the court win is only a first step.
The siblings have been serving life sentences without parole since 1996 after a jury found them guilty of gruesomely shooting their mother and father inside their Beverly Hills home. Lyle and Erik argued at trial they killed in self-defense after suffering years of sexual, physical, and emotional abuse from their parents.
But with alleged new evidence and multiple TV projects shedding light on the brothers’ claims in recent years, three avenues for their release have seemingly opened. Beyond resentencing, there’s the possibilities of a new trial based on the recently uncovered evidence or clemency from California Governor Gavin Newsom.
Here’s a look at what this week’s resentencing hearing might look like and how the other methods could play out in the weeks—and months—ahead.
A new sentence could give the Menendez brothers the chance for parole
The Menendez brothers seemed destined to spend the rest of their lives in prison until October 2024 when then–District Attorney George Gascón recommended a resentencing in their case. If approved by a judge, their term would change to 50 years to life with the possibility of parole.
Gascón’s surprising announcement came only weeks after the debut of Monsters: The Lyle and Erik Menendez Story, the Netflix anthology series starring Nicholas Alexander Chavez and Cooper Koch as Lyle and Erik, respectively. The popularity of the miniseries, which examined the brothers’ claims of sexual abuse against their father at trial, prompted a flood of inquiries into the case and led the D.A.’s office to conduct a new review of evidence.
“Since the original prosecution of the Menendez brothers more than nearly three decades ago, our office has gained a deeper understanding of the complexities surrounding sexual violence. We recognize that it is a widespread issue impacting individuals of all gender identities, and we remain steadfast in our commitment to support all victims as they navigate the long-lasting effects of such trauma,” Gascón said in a statement at the time of his announcement.
Among the likely bases for resentencing is CPC 3051, a California law providing the possibility of parole for offenders 25 years of age or younger at the time of their crimes. Lyle was 21 and Erik was 18 when they killed José and Kitty. The law requires offenders to show “substantial rehabilitation and lack of danger to the community if released,” according to attorney Stephen Cazares. A former assistant U.S. attorney in Los Angeles, Cazares is now a partner at the Foundation Law Group LLP.
However, Gascón is no longer the D.A. overseeing the case after losing reelection to Hochman this past November. After his own review of the case and evidence, Hochman announced he opposed resentencing and filed a motion to withdraw the former D.A.’s petition. Friday’s decision assured the brothers and their legal team can make their case in court.
“Whether or not the DA’s office supports resentencing, it will be up to the judge to decide,” Cazares told Biography via email.
If approved, the California Parole Board would schedule a parole suitability hearing at which the D.A.’s office and defense council again present their arguments. The process could take six months or longer, according to Cazares. Should the board also side in the brothers’ favor, California Governor Gavin Newsom has 120 days to affirm, reverse, or modify the recommendation.
So, given all these steps, it could take a long time to get a resolution through resentencing.
A habeas corpus petition could result in a new trial for Lyle and Erik
By the time the idea of a new sentence was raised, Lyle and Erik had already pursued another avenue toward freedom via the court. Their legal team filed a habeas corpus petition in May 2023, which seeks a new trial or for their case to be tossed out entirely.
Unlike a possible resentencing, which would offer the brothers parole but otherwise reaffirm their guilt in José and Kitty’s murders, the habeas petition is a direct challenge of their convictions and subsequent life sentences.
The Menendez brothers submitted the filing after the discovery of two pieces of evidence. One is a handwritten letter purportedly penned by Erik to his cousin Andy Cano. Written just eight months prior to their parents’ murders, the letter mentions details of José’s alleged abuse—which would have corroborated Cano’s testimony during the brothers’ first trial.
Additionally, Roy Rosselló, a former member of the boy band Menudo, said José raped him at a party in New Jersey when the singer was only 14 years old. Rosselló went public with his experience in the 2023 Peacock documentary Menendez + Menudo: Boys Betrayed.
However, the brothers’ hopes for a new trial took a significant hit on February 21, as district attorney Hochman announced he has asked the court to deny their petition.
Hochman has deemed the letter to Cano not credible evidence. “If this letter truly existed, the defense counsel would have absolutely used it at the trial because it would help corroborate,” he said. Hochman also said Rosselló’s claims fail the admissibility standard for a habeas petition because Lyle and Erik weren’t aware of his allegations until long after their crime.
With this likely spelling doom for their petition, Lyle and Erik’s fate could ultimately rest with Governor Newsom.
The California governor could commute Lyle and Erik’s sentences
In late October 2024, attorneys for Lyle and Erik submitted a clemency request to Newsom. The California Constitution gives the governor the authority to grant clemency, “which includes commutations of sentences and pardons.” According to the state website, clemency can be used to correct unjust results in the legal system and incentivizes accountability and rehabilitation for offenders.
In response to the submission and attention around the case, Newsom announced on February 26 he has asked a state parole board to complete a “comprehensive risk assessment” of Lyle and Erik to determine if they pose an “unreasonable risk” to the public if released.
Speaking on his podcast This is Gavin Newsom, the 57-year-old said the results of the board’s investigation could influence the brothers’ candidacy for clemency. “There’s no guarantee of outcome here. My office conducts dozens and dozens of these clemency reviews on a consistent basis,” Newsom said. “But this process simply provides more transparency, which I think is important in [the Menendez] case, as well as provides us more due diligence before I make any determination for clemency.”
According to Newsom, Lyle and Erik will appear before the California Parole Board for a hearing on June 13. After this, the results of the risk assessment are sent to Newsom’s office and a Superior Court judge to inform the clemency and resentencing decisions.
Although clemency isn’t uncommon—Newsom had granted 208 pardons and 141 commutations as of February 26, 2025, according to his office—such action would be dramatic given the notoriety of the Menendez brothers and their crimes.
The brothers’ release is still a “long-shot”
Even with all of these options available, Lyle and Erik still face unfavorable odds. According to Cazares, resentencing and parole is the brothers’ best chance at freedom. However, Hochman’s strong rebuke of their habeas petition and possible resentencing added considerable obstacles for their team in court.
“The brothers have to convince both the judge and parole board that they are deserving of release. For this reason, I think it is a long-shot now,” Cazares says. “If former DA Gascón had been re-elected, their chances would have been much better/more likely.”
If a sentencing judge opposes parole, clemency is also unlikely because Governor Newsom would base his decision on similar factors, Cazares adds.
In the meantime, at least the brothers know their next step.
Lyle and Erik remain hopeful
Both Lyle and Erik recently talked about their outlook for a resentencing hearing on TMZ’s 2 Angry Men podcast in late February. Speaking from prison via phone, Lyle told co-host Harvey Levin delays in the resentencing process have led to anxiety among the brothers’ family members. However, the siblings, who were initially due in court for a resentencing hearing in November, remain hopeful and encouraged by the support they’ve received while behind bars.
“For Erik and I, we’ve been incarcerated 35 years, and we’ve sort of developed a peace and a patience that, you know, might not make sense to someone who’s free,” Lyle said.
Geragos, the brothers’ attorney and other host of 2 Angry Men, emphasized the resentencing process focuses largely on Lyle and Erik’s behavioral history in custody and prognosis for reacclimatization into society. “Under those kinds of circumstances, I can’t think of two people better suited to be released under resentencing. I mean, that’s the state of the law,” he said.
Perhaps within days, we’ll know if the justice system feels similarly about Lyle, Erik, and their prospects for freedom.
Tyler Piccotti joined the Biography.com staff as an Associate News Editor and is now the News and Culture Editor. He previously worked as a reporter and copy editor for a daily newspaper recognized by the Associated Press Sports Editors. In his current role, he shares the true stories behind your favorite movies and TV shows and profiles rising musicians, actors, and athletes. When he's not working, you can find him at the nearest amusement park or movie theater and cheering on his favorite teams.
