by Beginning Thursday, the Menendez brothers will present their parole applications, which would be the closest they have been to being released from jail since their convictions for the murder of their parents over 30 years ago.
In 1996, Erik and Lyle Menendez received life sentences for the 1989 murders of their mother, Kitty Menendez, and father, Jose Menendez, in their Beverly Hills mansion. At the time, they were 18 and 21 years old.
Prosecutors said the brothers killed their parents in order to inherit a multimillion-dollar fortune, but defense lawyers contended the boys acted in self-defense following years of sexual abuse by their father.
Because the brothers were under 26 when they committed their crimes, a Los Angeles judge in May reduced their sentences from life in prison without the possibility of parole to 50 years to life, making them immediately eligible for parole under California law.
The brothers will each be evaluated separately by a panel of two or three parole hearing officers chosen by the governor from a board of commissioners. The Richard J. Donovan Correctional Facility in San Diego will host videoconference hearings for Erik Menendez on Thursday morning and Lyle Menendez on Friday.
According to the California Department of Corrections and Rehabilitation, the board will evaluate whether the brothers represent an unreasonable risk of harm to society if they are released, taking into account elements such as their criminal history, the reasons behind their actions, any indications of regret, their actions while incarcerated, and their future plans.
The brothers may not be released for months, if at all, even if the board approves their parole. The top legal counsel has 120 days to examine the case if the board approves each brother’s parole. Gavin Newsom, the Democratic governor, then has 30 days to approve or reject the parole. The Menendez brothers wouldn’t be allowed to leave prison until Newsom approved the parole.
In response to a request for clemency, Newsom had earlier directed the state parole board to evaluate the brothers’ danger. The main consideration at the time, he underlined, was whether the brothers presented an excessive risk to public safety.
At a press conference in May, he stated that he was the final arbiter and that he had previously accepted and disapproved parole board judgments.
Following Erik Menendez’s hospitalization for a severe medical issue last month, the brothers’ attorney, Mark Geragos, requested his release. Since then, he has gone back to jail.
For many years, the case has captivated fans of true crime, inspiring dramatizations, television specials, and documentaries. The brothers have received new attention thanks to the 2024 releases of the documentary The Menendez Brothers and the Netflix movie Monsters: The Lyle and Erik Menendez Story.
Celebrities like Kim Kardashian have voiced their support for the boys’ release in the past year, and their status as victims of sexual assault has gained widespread exposure. As the brothers’ lawyers pressed for their resentencing, several have flown to Los Angeles to attend court hearings and hold rallies over the past few months.
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Last November, the brothers’ path to potential freedom was first paved by former LA County District Attorney George Gasc, who asked a judge to lower their sentences. According to a petition from his office, the brothers have received education, taken self-help workshops, and established a number of support groups for other prisoners since their incarceration.
After months of opposition from the current prosecutors, who claimed the brothers had not accepted sufficient responsibility for their crimes, the judge finally decided to resent the brothers.
In May 2023, the Menendez brothers filed a habeas corpus petition, which is currently pending, asking for their convictions to be reviewed in light of fresh information that supports their allegations of sexual abuse by their father. Another court directed Los Angeles prosecutors to provide an explanation for why their case should not be reexamined last month.
One media representative has been chosen by the state correctional department to watch the proceedings virtually and distribute notes to the other press members at predetermined intervals.
