Menendez Brothers’ Potential Release: Exploring the Legal Avenues to Freedom
Nearly 30 years after Lyle and Erik Menendez were found guilty of murdering their parents in their Beverly Hills home, the brothers—whose case has recently resurfaced in the public eye—may be getting closer to being released.
This week, they are scheduled to appear in a Los Angeles courtroom via video conference as their lawyers argue for a resentencing that could lead to parole, a critical point in one of the most well-known criminal cases in America.
The possibility of resentencing arose last October when then-L.A. County District Attorney George Gascón stated he was “keeping an open mind” regarding the case.
In the following months, the brothers’ family started a campaign, urging officials to reconsider the life sentences without parole that were given in the 1990s. Gascón then suggested their sentences be reduced to 50 years to life, which would make them eligible for parole under California law.
The resentencing effort is one of several legal strategies being pursued to try and secure the brothers’ release.
Here are the legal avenues available to Eric and Lyle, who are now 54 and 57 years old, respectively.
Resentencing Track
This Tuesday and Wednesday are crucial for this path to release. The Menendez brothers are hoping that Los Angeles County Superior Judge Michael Jesic will decide to move forward with former D.A. Gascón’s recommendation.
The hearings were delayed for months, complicated by the arrival of District Attorney Nathan Hochman, who has a significantly different view of the case than his predecessor.
In April, Hochman moved to withdraw Gascón’s recommendation, arguing that he had not taken full responsibility for their crimes. Judge Jesic rejected this move, allowing this week’s hearings to proceed.
The brothers’ longtime defense attorney, Mark Geragos, stated he will call on at least seven family members to testify. It is uncertain whether the brothers will speak.
Since the brothers were both under 26 years old when they committed the crimes, they will be eligible for parole immediately under California law if they are resentenced.
Clemency
In addition to the court proceedings, a separate clemency request is with California Gov. Gavin Newsom.
Newsom has scheduled a parole board hearing for June 13 to assess whether the two brothers pose a threat to the public.
Under state law, clemency can be granted if an inmate is no longer considered “an unreasonable risk of danger to society.”
On his podcast, Newsom explained that the hearing would include the opinions of various public safety experts and forensic psychologists.
“There’s no guarantee of outcome here,” Newsom said. “My office conducts dozens and dozens of these clemency reviews on a consistent basis but this process simply provides more transparency, which I think is important in this case, and more due diligence before I make any determination for clemency.”
Habeas Corpus
The final, and least probable path, is the “habeas corpus” petition filed by the brothers’ attorneys in 2023, seeking a new trial based on what they claim is newly discovered evidence.
Central to the new evidence is a letter from Erik Menendez, written when he was 17, to a cousin, describing alleged sexual abuse by his father, Jose Menendez — claims that were a key part of the brothers’ defense during their 1996 trial.
Their legal team also cites allegations made in 2023 by Roy Rossello, a former member of the boy band Menudo, who claims he was raped by Jose Menendez.
To be successful, the petition must meet specific criteria: the evidence must be new, credible, admissible, and could not have been discovered at the time of the trial.