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The legal team for the Menendez brothers has expressed hope the two convicted killers could be home with their family by Thanksgiving after a California judge on Tuesday slashed their original life-without-parole terms to 50 years-to-life, making Erik and Lyle eligible for release.
That timeline is unlikely, according to experts, but the brothers could well go free despite exhausting all of their appeals years ago and receiving sentences of life without parole.
Erik and Joseph “Lyle” Menendez claim they shot their father, former RCA Records executive Jose Menendez, in self-defense, arguing that they thought he was going to kill them after they warned him they planned to expose him as a child sex abuser. They also killed their mother, Mary “Kitty” Menendez, who was sitting next to Jose eating ice cream and watching TV during the ambush in 1989. The brothers ran out of shells and reloaded outside before returning to finish her off.
WATCH ON FOX NATION: MENENDEZ BROTHERS: VICTIMS OR VILLAINS?
Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut)
The first major hurdle in their quest for reduced sentences was former Los Angeles District Attorney George Gascón, who agreed with their arguments and asked a judge to hear them in court.
After numerous hearings over the last several months, Los Angeles County Superior Court Judge Michael Jesic on Tuesday ruled that the two brothers’ sentences should be reduced.
Flanked by family and staff, Los Angeles County District Attorney George Gascón announces his decision regarding the potential resentencing of Erik and Lyle Menendez at the Hall of Justice in Los Angeles on Thursday, Oct. 24, 2024. Los Angeles County Dist. Atty. George Gascón announced that he will ask a judge to resentence Erik and Lyle Menendez for the killing of their parents in 1989, a decision that could free the brothers. (Allen J. Schaben / Los Angeles Times via Getty Images)
The brothers’ fate rests with Gov. Gavin Newsom and the California Board of Parole Hearings, which will hold a hearing on June 13.
TIMELINE OF THE MENENDEZ BROTHERS’ MURDER CASE
Here are the remaining key players in the fight over the killers’ freedom:
Mark Geragos, defense attorney of Erik and Lyle Menendez, the Beverly Hills brothers convicted of killing their parents, speaks during a press conference at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, California, October 16, 2024. (Reuters/Mike Blake)
Mark Geragos
The brothers’ defense attorney has been working overtime trying to have them freed since late 2023. In addition to the resentencing push, he has moved forward with a habeas corpus petition and separately petitioned Newsom for clemency.
If successful in any of those three endeavors, the high-profile California attorney could win his clients’ freedom.
“This is not the 90s anymore.”
“Their trauma has become kind of the subject of prurient interest. But they are a real, real people who have lived through unimaginable horrors,” Geragos said during a Tuesday press conference following Jesic’s decision. “I’m hopeful and glad that we’re one huge step closer to bringing the boys home.”
Attorney Mark Geragos speaks to reporters at the Menendez brothers’ resentencing hearing. (Derek Shook for Fox News Digital)
Nathan Hochman
Los Angeles County District Attorney Nathan J. Hochman has remained firm on his stance that Erik and Lyle Menendez were “not yet” ready to be resentenced.
“The decision to resentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice,” Hochman said in a Tuesday statement following Jesic’s decision. “Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision.”
He added that the Menendez case “must be viewed with a critical eye” and his office’s “opposition and analysis ensured that the Court received a complete and accurate record of the facts.”
“Justice should never be swayed by spectacle,” Hochman said.
District Attorney Candidate Nathan Hochman speaks alongside Actress Esme Bianco during a press conference to criticize L.A. County D.A. George Gascón for not yet prosecuting the singer Marilyn Manson, and mishandling scores of other cases involving gender-based violence on Thursday, Oct. 10, 2024 in Los Angeles, California. (Michael Blackshire / Los Angeles Times via Getty Images)
He also thanked his team of prosecutors, including Assistant Head Deputy Habib Balian; and Deputy District Attorneys Seth Carmack and Ethan Milius, “who worked tirelessly to guarantee that the Court was presented with a complete and factual narrative.”
“Their commitment to integrity and justice is unwavering, and the people of Los Angeles County are fortunate to have such dedicated public servants working on their behalf,” the district attorney said.
Judge Michael Jesic
Gascón previously asked Jesic to resentence the Menendez brothers to 50 years to life in prison for the murders of their parents, which he did on Tuesday, making them eligible for parole.
But the judge noted during Tuesday’s hearing that he was “not suggesting they should be released [on parole].”
“That’s not for me to decide,” Jesic said.
Judge Michael Jesic presides over superior court in Van Nuys, California, Friday, April 11, 2025 as Los Angeles District Attorney Nathan Hochman’s office asks the court if it can retract a resentencing push for the Menendez Brothers initiated by his predecessor, ousted former DA George Gascon. (Bill Robles)
California’s Parole Board
The California Board of Parole Hearings now has six months to hold parole hearings for the Menendez brothers. Those hearings will take place in front of a commissioner and deputy commissioner, who will weigh a number of factors and recommend either keeping the brothers locked up or releasing them.
If they approve parole, their findings would go to Newsom for review, and he would have 120 days to respond.
The brothers already had a parole hearing scheduled for June 13 as part of a clemency request.
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Gov. Gavin Newsom
Newsom, who has gone both ways on parole requests in his years in office, has the final say in the Menendez brothers’ bid for freedom.
If the parole board approves the brothers’ release, Newsom could make one of several decisions: He could agree, clearing the way for their freedom. He could overrule the parole board. He could send the cases back for further review, reconsideration or even a new parole hearing.
California Governor Gavin Newsom stands with actor Danny Trejo (L) and SAG-AFTRA National Executive Director Duncan Crabtree-Ireland at a press conference at Raleigh Studios unveiling a vast expansion of California’s Film and Television Credit Program on October 27, 2024, in Los Angeles, California. (Mario Tama/Getty Images)
If Newsom does veto a parole board decision to release the brothers, they can try to sue him, according to John Lewin, a deputy district attorney in Los Angeles. Inmates have seen mixed results in such cases.
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If the parole board denies the release, Newsom could still let the brothers go free, however.
Geragos asked the governor for clemency on their behalf last year, and Gascón sent separate letters of support, one for each brother, urging the governor to commute their sentences and let them out. Newsom declined to comment on the clemency applications at the time.
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A spokesperson said they are confidential and cannot be discussed on a case-by-case basis.
