LOS ANGELES (AP) — The Menendez brothers are poised to present their cases for parole beginning Thursday, marking their closest opportunity for potential freedom since their convictions nearly 30 years ago for the murder of their parents. Erik and Lyle Menendez were sentenced to life in prison in 1996 for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion in 1989. At the time of the murders, the brothers were aged 18 and 21. Their defense attorneys argued that the brothers acted in self-defense after enduring years of sexual abuse from their father, while prosecutors contended that the brothers killed their parents to gain access to a multimillion-dollar inheritance.
In May, a Los Angeles judge reduced their sentences from life without the possibility of parole to 50 years to life, rendering them eligible for parole under California law, given that they were under the age of 26 when the crimes occurred. This change in their sentencing status has paved the way for the parole hearings scheduled for Erik Menendez on Thursday morning and Lyle Menendez on Friday. Both will appear via videoconference from the Richard J. Donovan Correctional Facility in San Diego.
A panel consisting of two or three parole hearing officers will evaluate each brother individually. The assessment will focus on whether they pose an "unreasonable risk of danger to society" if released, taking into account their criminal history, motivations for the crimes, signs of remorse, behavior while incarcerated, and future plans, as outlined by the California Department of Corrections and Rehabilitation.
Even if the board grants parole, the release process could take several months. If approved, the chief legal counsel has 120 days to review each case, after which Democratic Governor Gavin Newsom has an additional 30 days to affirm or deny the parole. Only upon affirmation by Newsom would the Menendez brothers be able to exit prison.
Governor Newsom has previously ordered a risk assessment of the brothers in response to a request for clemency, underscoring that the primary consideration remains whether they present an "unreasonable risk to public safety." He has expressed that he retains the authority to approve or reject parole board decisions, emphasizing his role as the "ultimate arbiter."
The brothers' attorney, Mark Geragos, sought Erik Menendez's release last month due to a "serious medical condition" that required hospitalization. He has since returned to prison. The case has garnered intense public interest, evolving into a focal point for true crime enthusiasts over the years, leading to various documentaries, television specials, and dramatizations. The Netflix drama "Monsters: The Lyle and Erik Menendez Story" and the documentary "The Menendez Brothers," both released in 2024, have played significant roles in rekindling public interest in their story.
In the past year, support for the brothers has grown, aided by public figures like Kim Kardashian and an increasing acknowledgment of their status as victims of sexual abuse. Many supporters have traveled to Los Angeles for rallies and court hearings in support of the brothers’ attorneys advocating for their resentencing.
Last fall, former LA County District Attorney George Gascón initiated the possibility of freedom for the brothers by advocating for a sentence reduction. Since their conviction, the Menendez brothers have pursued education, engaged in self-help initiatives, and established various support groups for fellow inmates. The judge's decision to resentence them followed months of opposition from current prosecutors, who argued that the brothers had not adequately taken responsibility for their crimes.
The Menendez brothers have a pending habeas corpus petition filed in May 2023, requesting a review of their convictions based on new evidence supporting their claims of sexual abuse by their father. Last month, a different judge mandated that Los Angeles prosecutors justify why the case should not be reexamined.
The state corrections department has designated one media representative to observe the parole proceedings virtually, who will share insights with the press during specific intervals.
