Erik and Lyle Menendez seek freedom after 35 years whilst prosecutor claims they’ve never accepted full responsibility for parents’ brutal murders
Lyle and Erik Menendez are heading to their long-awaited parole hearings this week, marking a pivotal moment in their decades-long push for freedom after serving 35 years for the shotgun murders of their parents in their Beverly Hills mansion.
Erik Menendez’s parole hearing is set for Thursday, with his brother Lyle’s hearing scheduled for Friday. The brothers will appear via video link from the Richard J. Donovan Correctional Facility in San Diego, where they have been housed since their 1996 convictions.
The parole board will determine whether the brothers, now 54 and 57 respectively, are suitable for release. However, Los Angeles County District Attorney Nathan Hochman issued a stark warning on Wednesday, declaring the brothers “continue to pose a risk to society” and have never fully accepted responsibility for their crimes.
“Failure to exhibit full insight and responsibility is a critical factor in determining parole eligibility,” Hochman stated. We have consistently opposed their release because they have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated.
Family optimism meets prosecution opposition
The brothers’ relatives expressed cautious optimism ahead of the hearings, acknowledging the parole process is “rigorous” but highlighting the brothers’ transformation behind bars.
“For more than 35 years, they have shown sustained growth. They’ve taken full accountability,” the Menendez brothers’ family said in a statement. “They express sincere remorse to our family to this day and have built a meaningful life defined by purpose and service.”
This support from over 20 family members stands in stark contrast to Hochman’s fierce opposition. The district attorney has repeatedly characterised the brothers’ claims of self-defence as part of a “litany of lies,” maintaining they killed their parents out of greed rather than fear.
The path to parole eligibility
The brothers’ journey to these parole hearings began in May when Judge Michael Jesic resentenced them to 50 years to life in prison, following a recommendation from then-District Attorney George Gascón. This new sentence made them immediately eligible for parole, given their ages at the time of the crimes.
Lyle was 21 and Erik was 18 when they killed Jose and Kitty Menendez on 20 August 1989. The brothers have consistently maintained they acted in self-defence after years of sexual abuse by their father, claims prosecutors have vehemently disputed.
During their resentencing hearing, both brothers admitted their guilt whilst addressing Judge Jesic directly. I killed my mom and dad,” Lyle told the court. “I give no excuses.” He also admitted to committing perjury during the original trials and apologised for years of lies.
Erik similarly acknowledged his actions, stating: “I committed an atrocious act. No justification for what I did.” He added that he had “come a long way on this path” of redemption and vowed: “I will not stop trying to make a difference.”
Governor Newsom holds ultimate power
Even if the parole board approves their release, the brothers face another significant hurdle. California Governor Gavin Newsom will have the final say, with the power to approve, deny or modify the parole board’s decision.
If granted parole, the brothers would be eligible for release immediately after the decision is finalised, a process that typically takes about five months, according to the California Department of Corrections and Rehabilitation. If denied, they could face another three, five, seven, 10 or 15 years before their next hearing.
Newsom can also exercise his clemency power to pardon or release the Menendez brothers at any time,” the district attorney’s office noted, highlighting the governor’s broad authority in such cases.
New evidence and ongoing legal battles
Parallel to the parole process, the brothers continue pursuing a habeas corpus petition filed in 2023, seeking a new trial based on evidence not presented during their original proceedings.
The petition centres on two key pieces of evidence: allegations from Roy Rossello, a former member of the boy band Menudo, who revealed in the 2023 docuseries “Menendez + Menudo: Boys Betrayed” that he was raped by Jose Menendez; and a letter Erik wrote to his cousin eight months before the murders detailing alleged abuse.
Hochman has dismissed this effort as a “Hail Mary” attempt, filing a response stating the petition “does not come close to meeting the factual or legal standard to warrant a new trial.”
“The central defense of the Menendez brothers at trial has always been self-defense, not sexual abuse,” Hochman argued. The jury rejected this self-defense defense in finding them guilty of the horrific murders they perpetrated; five different appellate state and federal courts have affirmed those convictions.
Prison transformation versus prosecution scepticism
Judge Jesic noted during resentencing that he was moved by supportive letters from prison guards and impressed by the brothers‘ work to better the lives of fellow inmates. This rehabilitation has been a central argument for those supporting their release.
However, Hochman has compared their case unfavourably to that of Sirhan Sirhan, Robert F. Kennedy’s assassin, whose parole was denied by Governor Newsom despite extensive rehabilitation efforts. The district attorney argues the Menendez brothers’ case for release is “arguably weaker” than Sirhan’s, citing their continued refusal to admit they lied about self-defence.
“The brothers persist in telling these lies for the last over 30 years about their self-defense defense and persist in insisting that they did not suborn any perjury,” Hochman stated. “They do not meet the standards for resentencing.”
A case that divided America
The Menendez case has captivated public attention for over three decades, with recent Netflix dramatisations reigniting debate about whether the brothers were cold-blooded killers or traumatised abuse victims.
Their first trials in 1994 ended in hung juries, with jurors divided over the abuse claims. A second trial in 1995, with evidence of abuse limited by the judge, resulted in their convictions for first-degree murder with special circumstances.
The case has become a litmus test for changing attitudes towards childhood trauma, sexual abuse, and criminal justice. Supporters argue that modern understanding of abuse and PTSD would have resulted in different sentences if the case were tried today.
What happens next
Following Thursday and Friday’s hearings, the parole board will issue written decisions, possibly the same day. These decisions are not final and face a lengthy review process.
If parole is granted, the board’s chief counsel has up to 120 days to review the decision. Based on this timeline, any review could extend into mid-December. The matter would then go to Governor Newsom, who has 30 days to make his determination.
As the brothers prepare to make their case for freedom, they face a prosecutor determined to keep them behind bars and a complex legal process that could take months to resolve. Their fate ultimately rests not just with the parole board, but with California’s governor, who must weigh rehabilitation against the brutal nature of their crimes.
The hearings mark a crucial juncture in one of America’s most infamous criminal cases, with the potential to either grant the brothers their long-sought freedom or condemn them to potentially decades more behind bars.
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