LOS ANGELES (AP) — The Menendez brothers are set to present their parole cases starting Thursday, marking their closest attempt at freedom since being convicted nearly three decades ago for the murder of their parents.
In 1996, Erik and Lyle Menendez received life sentences for killing their father, Jose Menendez, and their mother, Kitty Menendez, in their Beverly Hills home in 1989. Their defense claimed self-defense rooted in years of sexual abuse by their father, while prosecutors contended they were motivated by the prospect of a large inheritance.
Eligibility for parole came after a Los Angeles judge reduced their sentences in May—from life without parole to 50 years to life—making them immediately eligible under California law, given that they were under 26 years old at the time of their crimes.
But even if the board grants their parole, it could be months before the brothers walk free — if at all.
Hearing for Erik Menendez is first, followed by Lyle Menendez
A panel will individually assess the brothers. Erik Menendez’s hearing will take place Thursday morning, with Lyle Menendez following on Friday, both via videoconference from their San Diego prison.
The board will determine if the brothers pose an “unreasonable risk of danger to society” upon release. Their assessment will include their criminal history, crime motivations, remorse, behavior in prison, and future plans, as outlined by the California Department of Corrections and Rehabilitation.
Should parole be granted, the chief legal counsel will review the decision within 120 days, followed by Democratic Gov. Gavin Newsom having 30 days to approve or deny it. Newsom previously requested a state parole board risk assessment following a clemency plea but hasn’t indicated his stance on parole, though he has turned down parole in high-profile situations before, notably for Sirhan Sirhan, Robert F. Kennedy’s assassin 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.”
Case is featured in documentaries, TV specials and dramatizations
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.
Recent rules violations could have consequences for the brothers
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.
