Will the Menendez Brothers Be Freed from Prison? What We Know About the Results of Their Resentencing

After spending over 30 years in prison for the 1989 murder of their parents, the Menendez brothers have a shot at freedom.

On May 13, a California judge ruled that Erik and Lyle Menendez would be resentenced from life in prison without parole to 50 years to life in prison, nearly 36 years after they shot and killed their parents, José and Kitty Menendez, in their Beverly Hills, Calif., home.

In 1989, Erik confessed to his psychologist, whose mistress later reported it to the police. The brothers were arrested and, after two trials, eventually convicted in 1996 of first-degree murder, receiving life sentences without the possibility of parole.

Now, the resentencing makes Erik and Lyle immediately eligible for parole and allows Gov. Gavin Newsom to commute their sentence, per Fox 11 Los Angeles. 

The Menendez siblings made a virtual video appearance at the hearing and took “full responsibility” for the murders, Fox News reported. Lyle said that he was “filled with rage” at the time and that if he had the coping skills to deal with his emotions, he wouldn’t have killed his parents.

Here’s everything to know about the Menendez brothers’ new sentence and what it means for their potential for freedom. 

What was the Menendez brothers’ first sentencing?

Lyle and Erik were first tried in 1993, where prosecutors claimed that they murdered their parents to inherit their $14 million fortune.

The brothers testified that they killed them out of fear that José, who they alleged had sexually abused them for years, and Kitty, who enabled the molestation, were planning to kill them first. 

After the first trial ended in a deadlock, Lyle and Erik were tried again in 1996 and found guilty of first-degree murder in their parents’ deaths. They were both sentenced to life in prison without the possibility of parole.

Why were the Menendez brothers resentenced?

Though Lyle and Erik have appealed their convictions multiple times, they’ve always been denied.

It wasn’t until their lawyers filed a petition for a writ of habeas corpus in May 2023 — citing new evidence alleged in the docuseries Menendez + Menudo: Boys Betrayed — that they had a real shot at freedom. 

In the 2023 Peacock series, former 1980s boy band Menudo member Roy Rosselló claimed that he was drugged and raped by José, who was the head of RCA Records at the time of his murder.

The writ also included a letter Erik allegedly had written to a cousin months before the 1989 shooting that detailed his father’s alleged abuse.

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Over a year after the petition was filed, then-Los Angeles District Attorney George Gascón made his formal recommendation that the Menendez brothers be resentenced as they qualified as “youthful offenders” during the murders.

When Gascón lost his reelection, the new DA, Nathan Hochman, tried to withdraw Lyle and Erik’s resentencing. But Los Angeles County Superior Court Judge Michael Jesic denied the request. 

What is the Menendez brothers’ new sentence?

On May 13, Judge Jesic ruled to resentence Lyle and Erik to 50 years to life in prison. This new sentence means that for the first time, they’re eligible for parole and could potentially go free. 

The judge acknowledged the “absolutely horrific crime” the brothers committed, but said that he was moved by how they’ve spent their lives behind bars. 

“Life without parole gives an inmate no hope, no reason to do anything good,” the judge told reporters. “And I give them a lot of credit. It’s remarkable what they did when they had no hope of getting out.”

How long have the Menendez brothers been in jail? 

The Menendez brothers have spent 35 years in jail after their arrest in 1990. While imprisoned, Lyle spoke to a crowd over the phone at Nashville’s CrimeCon in June 2024, sharing that he got his bachelor’s degree in sociology from the University of California, Irvine. 

At the time, he said he was also considering getting a master’s degree in urban planning to help with the work he’s been doing to redesign the prison yard. 

“I just decided even though I’m incarcerated and there isn’t hope of freedom, I still have a chance to be a productive person and sort of feel like I’m proud of what I’m doing with my day,” Lyle said. “Education seemed like an obvious answer to that question.”

Erik reportedly spends his time meditating and is focused on his spirituality. 

How soon could the Menendez brothers be released?

With the 2025 resentencing, Erik and Lyle became immediately eligible for parole — but that doesn’t mean they’ll be walking free anytime soon. 

The California Board of Parole Hearings must determine if the Menendez brothers are suitable for release, per NPR. Even if they approve parole, the governor can still review and veto the decision, a process that can take up to 150 days.

Newsom said in February that he had asked the parole board to investigate if the brothers posed an “unreasonable” risk to public safety, per NBC.

Erik and Lyle had already had a board hearing set for June 13, 2025, for a separate clemency petition. It’s unclear if that meeting will also serve as their first parole hearing.

The day following the resentencing, lawyers told PEOPLE that it could still take some time for Lyle and Erik to be released.

“I think it’s a matter of months,” former Assistant U.S. Attorney Neama Rahmani told PEOPLE. “I think the Menendez brothers will be out as early as the summer, if not fall, and have some sort of reality TV show in 2026. It’s going be surreal, but they’re going to be free.”

According to Los Angeles-based criminal defense attorney Shaheen Manshoory, the parole board has to be scheduled within “180 days from the date of resentencing.”

After that, Newsom has 120 days to either to approve the pardon, modify it or deny it.