The Menendez brothers, Erik and Lyle, are poised to make their case for parole this Thursday, marking their most significant step towards freedom since their convictions almost 30 years ago for the murders of their parents.
Sentenced in 1996 to life imprisonment, the pair fatally shot Jose and Kitty Menendez at their Beverly Hills mansion in 1989, when they were aged 18 and 21 respectively. During their high-profile trial, defence attorneys controversially argued the brothers acted in self-defence following years of alleged sexual abuse by their father. Prosecutors, however, maintained the motive was solely a multimillion-dollar inheritance.
Their eligibility for parole stems from a recent legal development: a Los Angeles judge in May reduced their sentences from life without the possibility of parole to 50 years to life. This crucial adjustment immediately made them eligible under California law, which permits parole for individuals under the age of 26 at the time of their crimes.
A panel or two or three parole hearing officers from a board of commissioners appointed by the governor will evaluate the brothers individually. Erik Menendez will have his hearing Thursday morning, followed by Lyle Menendez on Friday, over videoconference from the Richard J. Donovan Correctional Facility in San Diego.
The board will assess whether the brothers pose an “unreasonable risk of danger to society” if released, considering factors like criminal history, motivation for the crime and signs of remorse, behavior while in prison and plans for the future, according to the California Department of Corrections and Rehabilitation.
Even if the board grants their parole, it could still be months before the brothers walk free — if at all. If the board grants each brother’s parole, the chief legal counsel has 120 days to review the case. Then Democratic Gov. Gavin Newsom has 30 days to affirm or deny the parole. Only then, if Newsom affirms the parole, would the Menendez brothers be able to leave prison.
Newsom had previously ordered the state parole board to conduct a risk assessment of the brothers in response to a clemency request. At the time, he emphasized that the key question was whether the brothers posed an “unreasonable risk to public safety.”
He noted at a May news conference that he has both approved and rejected decisions by the parole board before and that he was the “ultimate arbiter.”
The brothers’ lawyer, Mark Geragos, sought release last month for Erik Menendez after he was hospitalized for a “serious medical condition.” He has since returned to prison.
The case has captured the attention of true crime enthusiasts for decades and spawned documentaries, television specials and dramatizations. The Netflix drama “ Monsters: The Lyle and Erik Menendez Story ” and the documentary “The Menendez Brothers,” both released in 2024, have been credited for bringing new attention to the brothers.
In the last year, weigh-in from celebrities such as Kim Kardashian and a greater recognition of the brothers as victims of sexual abuse has helped amass a legion of supporters who have called for their release. Some have flown to Los Angeles over the past few months, holding rallies and attending court hearings as the brothers’ attorneys pushed for their resentencing.
The previous LA County district attorney, George Gascón, first opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for fellow people in prison, his office said in a petition.
The judge’s decision to ultimately resentence the brothers followed months of pushback from current prosecutors, who argued the brothers hadn’t taken adequate responsibility for their crimes.
The Menendez brothers still have a pending habeas corpus petition filed in May 2023 seeking a review of their convictions based on new evidence supporting their claims of sexual abuse by their father. Last month, a different judge ordered Los Angeles prosecutors to explain why their case shouldn’t be reexamined.
