By Kelly Were
Los Angeles, CA — Erik and Lyle Menendez, who have spent 35 years behind bars for the 1989 murders of their parents, are set to appear in court Tuesday and Wednesday for a much-anticipated resentencing hearing that could open the door to their potential release.
The brothers were convicted of killing Jose and Kitty Menendez in their Beverly Hills home and were sentenced to life in prison without the possibility of parole. The current hearing will determine whether that sentence should be modified, based on new legal standards and evolving considerations regarding youth, trauma, and rehabilitation.
Defense attorney Mark Geragos, representing the Menendez brothers, has announced he plans to call seven witnesses in support of the resentencing petition. More than 20 family members have expressed support for the brothers’ release, citing their decades of incarceration and reported rehabilitation.
The case saw renewed momentum in October when then-Los Angeles County District Attorney George Gascón publicly supported reducing the brothers’ sentence. Gascón argued they should be resentenced under California law to 50 years to life for murder, which would make them immediately eligible for parole since both were under the age of 26 at the time of the killings.
Gascón’s office cited the brothers’ reportedly positive prison records, including participation in rehabilitation programs and the creation of inmate support initiatives, as factors in recommending resentencing.
However, that position faced opposition after Gascón lost his reelection bid. His successor, District Attorney Nathan Hochman, filed a motion in March to withdraw the resentencing petition, alleging the brothers had long misrepresented their motives for the crime, including claims of abuse and self-defense. A judge denied Hochman’s motion, allowing the hearing to proceed.
Complicating the proceedings is a recent risk assessment completed by the California Board of Parole at the request of Governor Gavin Newsom as part of a separate clemency bid. The report rated the Menendez brothers as a “moderate risk” to the community if released, citing a history of prison violations, including possession of contraband cellphones. Erik Menendez was found with a cellphone as recently as January 2025—an issue Hochman highlighted during the resentencing proceedings.
Judge Michael Jesic stated that while some findings from the risk assessment will be considered, its conclusions are preliminary, and the psychologists who conducted the evaluation will not be subject to cross-examination during the hearing.
The final decision could determine whether the Menendez brothers continue their life sentences or become eligible for parole, marking a pivotal moment in one of the most infamous criminal cases of the late 20th century.
