A bid for parole by Erik and Lyle Menendez, who have served about 35 years behind bars for the 1989 shotgun slayings of their parents, was expedited this week following a judge’s decision to reduce their sentence, with a parole hearing now set for the brothers in mid-June.
On Tuesday, Los Angeles Superior Court Judge Michael Jesic re-sentenced the brothers to 50 years to life in prison, making them immediately eligible for parole consideration because they were younger than 26 when the crime occurred. The brothers had been serving life in prison without the possibility of parole.
Even before Tuesday’s hearing occurred, the brothers were scheduled to appear before state parole officials on June 13 for a review to determine if they should be considered suitable for a grant of clemency by the governor. Menendez attorneys had asked the governor previously to consider clemency as another possible avenue to secure their release.
But in light of Jesic’s ruling Tuesday, a state parole board will instead consider on June 13 whether to recommend parole for the Menendez brothers, a spokesman for the state Department of Corrections and Rehabilitation said Thursday.
Attorneys on both sides of the issue will have a chance to object to the change if they desire.
“Since the ruling makes them immediately eligible for parole consideration as youth offenders, it is the board’s intent to convert the June 13, 2025, clemency hearings to initial parole suitability hearings,” Scott Wyckoff, executive officer of the Board of Parole Hearings, wrote in a Wednesday letter sent to attorneys in the case and obtained by the Los Angeles Times, which first reported the change.
If the board recommends the brothers for parole, the issue will then be forwarded to Gov. Gavin Newsom, who will have 90 days to review the matter and could reject the parole grant.
In his ruling Tuesday, Jesic removed a special-circumstance allegation from the brothers’ original conviction, allowing for the reduced sentence of 50 years to life, and making them eligible for parole.
The judge noted that the new sentence means the brothers’ fate is now “up to the parole board and the governor.”
Both brothers spoke at length via video from prison in San Diego during Tuesday’s re-sentencing hearing — apologizing for their actions and expressing regret to relatives and even to their former neighbors in Beverly Hills. They also both gave emotional testimony about their work to turn their lives around and help fellow inmates.
“I killed my mom and dad,” Lyle Menendez, 57, said in the opening of his 15-minute statement to the court. “I make no excuses. I take full responsibility for my choices.”
He listed some of those choices: “the choice to shoot my mom and dad in their own home,” “the choice of making a mockery of the legal system by soliciting perjury.”
“I am deeply ashamed of who I was,” he said, adding that when he originally received the life-without-parole prison sentence in 1996, “I knew I deserved the suffering to come.”
In his statement, 54-year-old Erik Menendez discussed the murders of his parents, saying he had “committed an atrocious act against people who had every right to live.”
He also apologized to the community of Beverly Hills where the murders worried and frightened residents of the normally tranquil enclave.
“I stole from the neighbors the right to live in a peaceful community,” he said, also expressing regret for telling police and family members that he believed the killings were somehow tied to organized crime.
As for his parents, he said, “I imagine their last moments over and over again” and the “infliction of unimaginable suffering” he and his brother caused.
“After the killings, I denied responsibility,” Erik Menendez said. “I even blamed others. … During the past 35 years, I have worked hard to find out what kind of person would kill their parents. For a long time, I lost hope and became self-destructive.”
In closing, he said that whether he is released or not, “I will not stop trying to make a difference.”
As the brothers spoke, Menendez family members wept openly in court. Earlier in the day, three members of the family testified of their abiding trust, love and forgiveness for the siblings.
The brothers have spent about 35 years behind bars without the possibility of parole for the Aug. 20, 1989, killings of Jose and Mary Louise “Kitty” Menendez in their Beverly Hills home. The Menendez brothers claim the killings were committed after years of abuse, including alleged sexual abuse by their father.
Deputy District Attorney Habib Balian argued forcefully against any change to the brothers’ sentence during Tuesday’s hearing, telling the judge the pair had still not “fully understood the depth of their crime” or taken accountability for their efforts to recruit friends to lie on their behalf at trial.
“Are they trustworthy?” Balian said as Menendez family members grumbled. “They stick to the same false story. They haven’t changed. They haven’t found redemption … they have no insight into their crimes. … They are not ready yet.”
However, Jesic said he was convinced the brothers deserved a new sentence due to all the work they did in prison on behalf of the inmate population. The judge also noted unexpected letters he received in favor of the Menendez brothers from correction officers, including a lieutenant.
After the hearing, defense attorney Mark Geragos said the re-sentencing decision proves that “redemption is possible.”
“The fact is the Menendez brothers have done remarkable work, and today is a great day after 35 years,” he said, adding that the family is “one huge step closer to bringing the boys home.”
In a 2023 court petition, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers’ allegations of long-term sexual abuse at the hands of their father — a letter allegedly written by Erik Menendez to his cousin Andy Cano in early 1989 or late 1988, and recent allegations by Roy Rosselló, a former member of the boy band Menudo, that he too was sexually abused by Jose Menendez as a teenager.
Prosecutors allege the murders were carried out due to greed, to acquire their parents’ money. District Attorney Nathan Hochman told reporters Tuesday morning that the brothers repeatedly lied after the killings about their motivation for the crime, and didn’t initially claim that sexual abuse prompted them to act.
Hochman said Tuesday evening that his office’s “unwavering commitment to presenting all relevant facts and perspectives was pivotal” to the court’s ruling.
“The decision to re-sentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice. Our office’s motions to withdraw the re-sentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision,” Hochman said in a statement.
“The case of the Menendez brothers has long been a window for the public to better understand the judicial system. This case, like all cases —especially those that captivate the public — must be viewed with a critical eye. Our opposition and analysis ensured that the Court received a complete and accurate record of the facts. Justice should never be swayed by spectacle,” he added.