Could the Menendez Brothers Go Free Today? Erik and Lyle Will Reportedly Appear in Court Virtually

Lyle and Erik Menendez are expected to appear virtually in court on Monday, Nov. 25 as a judge will potentially hear evidence that could possibly lead to the brothers’ release from prison.

The brothers, who are serving life sentences for the 1989 murders of their parents, Jose and Kitty Menendez, previously submitted a habeas corpus petition in their bid for freedom after decades behind bars.

The petition included evidence intended to bolster their claims that they suffered sexual abuse at the hands of their father. A judge will weigh those claims at Monday’s hearing, which is being held at courthouse in Los Angeles. The Associated Press reports that the brothers will appear virtually.

The judge could potentially grant the brothers release immediately, but it’s also possible he takes time to consider the request. The AP reports that a hearing regarding a separate resentencing request is scheduled for Dec. 11.

Los Angeles District Attorney George Gascón said in October that he would recommend that the brothers be resentenced to 50 years to life in prison, making them immediately eligible for parole.

Lyle and Erik, who were 21 and 18 at the time of the murders, do not deny killing their parents, but they have claimed that they fatally shot Jose and Kitty because they were in fear for their lives. They were sentenced to life without parole in 1996 following a second trial.

The habeas corpus petition included a letter that Erik sent to his cousin months before the murders that mentioned the alleged sexual abuse committed by Jose. The petition also featured an affidavit from former Menudo member Roy Rosselló, who claims Jose raped him.

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Another potential avenue for the brothers’ release is clemency from California Gov. Gavin Newsom.

Los Angeles District Attorney George Gascón previously announced that he supported Lyle and Erik’s clemency bid. However, Gascón recently lost reelection to former federal prosecutor Nathan Hochman.

In a press release, Newsom said he would wait for Hochman’s recommendation before deciding on clemency, noting that “voters have entrusted District Attorney-elect Hochman to carry out this responsibility.”