But even if the board grants their parole, it could be months before the brothers walk free — if at all.
LOS ANGELES — The Menendez brothers are set to present their arguments for parole starting this Thursday, marking their closest chance at gaining freedom nearly three decades after being convicted of murdering their parents.
In 1996, Erik and Lyle Menendez were handed life sentences for the fatal shootings of their father, Jose Menendez, and mother, Kitty Menendez, at their Beverly Hills home in 1989. While their defense attorneys claimed that the brothers acted in self-defense due to years of sexual abuse by their father, the prosecution argued they were motivated by a desire to inherit a substantial fortune.
The brothers became eligible for parole following a decision by a Los Angeles judge in May, which adjusted their sentences from life without parole to 50 years to life. This change made them immediately eligible under California law since they were under 26 at the time of the crime.
But even if the board grants their parole, it could be months before the brothers walk free — if at all.
A group of parole hearing officers will assess the brothers individually. Erik Menendez is scheduled for his hearing Thursday morning, with Lyle Menendez’s hearing set for Friday. They will join via videoconference from their San Diego prison.
The board will determine whether the brothers present an “unreasonable risk of danger to society” if released, taking into account factors like their criminal history, crime motivations, expressions of remorse, conduct in prison, and future plans, according to the California Department of Corrections and Rehabilitation.
If parole is granted, there will be a 120-day review period by the chief legal counsel. Following that, California’s Democratic Gov. Gavin Newsom will have 30 days to approve or reject the parole. Previously, Newsom directed a risk assessment of the brothers by the state parole board in response to a clemency petition. Although he hasn’t indicated his stance on this case, he has previously overruled parole suggestions in widely publicized cases, including that of Sirhan Sirhan, who assassinated Robert F. Kennedy in 1968.
Erik and Lyle Menendez have the support of their relatives, who are expected to deliver statements at their hearings.
“For more than 35 years, they have shown sustained growth,” their family said in a statement. “They’ve taken full accountability. They express sincere remorse to our family to this day and have built a meaningful life defined by purpose and service.”
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 a documentary released in 2024 have been credited for bringing new attention to the brothers. A greater recognition of the brothers as victims of sexual abuse has also helped amass a legion of supporters who seek their release. Some have flown to Los Angeles to hold rallies and attend court hearings.
The previous LA County district attorney first opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. The judge’s decision to ultimately resentence the brothers followed months of pushback from current prosecutors.
LA County District Attorney Nathan Hochman said ahead of the parole hearings that he opposes parole for the brothers because they have “not demonstrated full insight into their crimes,” comparing them to Sirhan. Newsom denied him parole in January 2022 because of his “deficient insight.”
Insight means taking full responsibility for a crime and understanding the factors that led you to commit the crime, such as anger, inability to handle stress, and substance abuse, said Michael Beckman, a lawyer specialized in parole hearings.
Erik and Lyle’s college degrees, participation in volunteer programs and support groups, and the fact that Lyle has not been in a single fight in prison are all positive factors for their release, he said.
But recent rules violations could have major consequences for the brothers. In May, Hochman revealed details from a confidential risk assessment report that said Lyle was cited for having a cellphone several times in 2024, and Erik was found with a cellphone this January.
“The board is really big on the philosophy that if you can’t follow the rules in prison, you can’t follow the rules in free society,” Beckman said. “Add to that that cellphones are one of the three big bad rules violations along with violence and substance abuse.”
Ultimately, Beckman noted that parole decisions come down to individual commissioners, who might weigh the brothers’ cases based on factors like their celebrity status or family members’ support.
The state corrections department has selected one media representative to view the proceedings virtually and share notes with the rest of the press at set intervals.
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