Key Takeaways:
- Following their May 2025 resentencing, convicted murderers Lyle and Erik Menendez became immediately eligible for parole.
- The Menendez brothers are virtually appearing for their individual parole hearings this week. Decisions about whether they are recommended for release are expected immediately.
- If one or both of the brothers are granted parole, the soonest they could walk free is early next year.
After months of hearing delays and a judge’s approval of their resentencing, convicted killers Lyle and Erik Menendez are finally making their case for freedom. The brothers will each appear before a California parole board—Erik on Thursday and Lyle on Friday—in an attempt to persuade officials they are deserving of release from prison.
It’s been almost 30 years since the siblings were convicted of fatally shooting their parents, José and Kitty Menendez, inside their home in 1989. At trial, Lyle and Erik argued they killed in self-defense after suffering years of emotional and sexual abuse from their mother and father. But it wasn’t enough to convince the jury, and the Menendez brothers received life sentences without parole in 1996.
However, this May, Los Angeles County Superior Court Judge Michael Jesic reduced their punishments to 50 years to life in prison. Under California law, the men are parole-eligible because of their ages at the time of the murders. Lyle was 21 and Erik 18.
“I’m not saying they should be released; it’s not for me to decide,” Jesic said. “I do believe they’ve done enough in the past 35 years, that they should get that chance.”
It appeared 57-year-old Lyle and 54-year-old Erik would spend the rest of their lives behind bars until October 2024, when then–L.A. County District Attorney George Gascón formally recommended a resentencing in their case. The ensuing hearing experienced multiple delays and faced opposition from current District Attorney Nathan Hochman, who unsuccessfully attempted to withdraw the resentencing petition.
But while the parole meetings offer Lyle and Erik renewed hope, their freedom isn’t guaranteed, and the process could take months to resolve either way. Here’s everything you need to know about what happens next.
The board can recommend or deny parole for Lyle and Erik
In order for Lyle and Erik to receive parole, a state board must consider and approve their candidacy at this week’s formal hearings. The siblings will attend via video conference, and their relatives are expected to give statements in support of their suitability.
“For more than 35 years, they have shown sustained growth,” their family said in a statement. “They’ve taken full accountability. They express sincere remorse to our family to this day and have built a meaningful life defined by purpose and service.”
According to NBC News, commissioners will consider factors such as Lyle and Erik’s criminal histories, their behavioral records in prison, and their plans for release before making an individual decision for each of them. A decision is expected immediately.
But even if their parole is recommended, the brothers could still have a long wait to find out their ultimate fate.
Governor Gavin Newsom can affirm or deny their parole
If the board agrees to parole, the chief legal counsel has 120 days to review the case. After that, California Governor Gavin Newsom will have 30 days to affirm, reverse, or modify the decision.
The Menendez brothers separately filed a clemency request for Newsom, who has the power to commute their sentence or offer a pardon under state law. In response, the governor announced in February 2025 he requested a risk assessment of the brothers to determine whether they pose a threat to the public if released.
According to ABC News, the investigation determined Lyle and Erik posed a moderate risk and cited multiple prison violations, including the possession of illegal cell phones. These results will factor into the parole board’s determination.
Newsom hasn’t hinted how he would respond should the brothers’ receive parole. He has previously denied the release of other high-profile inmates, including Robert F. Kennedy assassin Sirhan Sirhan and Charles Manson discipline Leslie Van Houten.
When can the Menendez brothers be released?
Newsom can grant clemency at any time under state law but hasn’t given a timeline for a potential decision and is likely waiting to see how this week’s review plays out.
With parole recommendation, Lyle and Erik are looking at a wait of least five months assuming every step goes in their favor based on the above timeline. That means we might not know their fate until sometime in 2026.
According to The Los Angeles Times, Newsom could also refer the decision to the entire state parole board for a second opinion, which would make the process even longer.
If the brothers are denied parole this week, a new hearing can take place any time within the next three to 15 years. They can also petition for a quicker one but only if the circumstances of their case change significantly.
What have Lyle and Erik said about their resentencing?
Lyle and Erik attended May’s resentencing hearing virtually from prison and took “full responsibility” for their parents’ murders, according to CNN.
The brothers’ legal team argued they were deserving of parole because of their favorable record in prison. Court filings show they launched a support group for disabled and elderly inmates and raised more than $250,000 for a prison beautification initiative.
Following their resentencing, Lyle released a statement highlighting the significance it has for their case and others. “This has to be the first step in giving people who have no hope in prison some hope,” he said, according to CNN. “My goal is to ensure there are no more people spending 35 years in prison without hope. That possibility of having hope, that rehabilitation works is more important than anything that happened to me today.”
Erik added there was “no excuse” for his actions as a teenager. “I will never stop trying to make a difference whether I am inside or outside of prison,” he said.
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.
