Judge Resentences Erik and Lyle Menendez, Making Brothers Eligible for Parole — and Possible Freedom

A judge has ruled that the Menendez brothers, who were convicted in 1996 of murdering their parents, will be resentenced to 50 years to life in prison, which makes them immediately eligible for parole and paves the way for the brothers to potentially go free, according to reports by Fox 11 Los Angeles, NBC News and ABC 10 San Diego.

Lyle, now 57, and Erik, now 54, were sentenced to life in prison without parole for fatally shooting their parents Jose and Kitty Menendez, in the den of their Beverly Hills, Calif., home on Aug. 20, 1989. The killings, according to the brothers, came after years of sexual abuse by Jose — abuse which they claimed was ignored by their mother.

After he resentenced the brothers, Judge Michael Jesic said he’d given the matter “long thought,” acknowledging they committed an “absolutely horrific crime, and there’s no way around it.”

But he said he was moved by the brothers’ behavior behind bars. “Life without parole gives an inmate no hope, no reason to do anything good. And I give them a lot of credit. It’s remarkable what they did when they had no hope of getting out,” Jesic said.

Defense attorney Mark Geragos praised the decision, saying, “I want to do a hat tip to Judge Jesic, who was able to cancel out all the noise surrounding this, all of the grandstanding, all of the political back and forth — he did what justice said should happen.” 

Geragos emphasized that the judge “struck the special circumstance,” which previously made parole impossible.

Geragos added, “The fact is, the Menendez brothers have done remarkable work, and today is a great day after 35 years.” Reflecting on the broader meaning of the ruling, he said, “On a day like today, redemption is possible.”

After the murders, prosecutors said the two brothers’ motive was greed and cited their lavish spending spree after the slayings. But in the decades since, Lyle and Erik have maintained that they feared for their lives and that Jose had threatened to kill them if they told anyone about the sexual abuse.

Many members of Lyle and Erik’s family have openly supported their bid for release, including their maternal aunt Joan VanderMolen. Family members supported the brothers’ bid for release by testifying at their re-sentencing hearing.

The case re-emergered in May 2023 when the brothers’ lawyers filed a Habeas Corpus petition in Los Angeles County Superior Court seeking a new trial based on new evidence.

The evidence includes a letter Erik wrote eight months before the murders including mentions of the alleged molestation and Roy Rosselló’s claims that he was drugged and raped by José in the 1980s.

By October 2024, the brothers had the support of then-Los Angeles District Attorney George Gascón, who formally recommended that the brothers each be resentenced to 50 years to life, making them immediately eligible for parole. However, Gascón lost the November election to Hochman, who then withdrew his predecessor’s resentencing recommendation.

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Hochman has tried to argue that the brothers have not taken full responsibility for their crimes and accused them of telling “lies” for the “past 30 years,” per a press conference last fall.

As far as clemency, Governor Gavin Newsom said his decision will not be made until after their final hearing.

If you or someone you know has been a victim of sexual abuse, text “STRENGTH” to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.