More than 30 years after Erik and Lyle Menendez were convicted of murdering their parents, a judge in Los Angeles is now hearing arguments over whether the brothers should be resentenced, a decision that could eventually lead to their release.
The case, which shocked America in 1989 and was reignited by a popular Netflix series last year, continues to divide public opinion.
The Crime and Controversy
In 1989, Erik (21) and Lyle (18) shot and killed their parents, Jose and Kitty Menendez, in their Beverly Hills mansion. Prosecutors said the killings were premeditated, driven by the brothers’ desire to inherit their parents' $14 million fortune. The brothers admitted to the murders but claimed they acted in self-defense after years of emotional, physical, and sexual abuse at the hands of their father, a powerful Hollywood executive.
Their 1993 televised trial ended in a hung jury. In a second trial in 1996, where key abuse testimony was excluded, they were convicted of first-degree murder and sentenced to life without parole.
Why Are They Back in Court Now?
The resentencing hearing, which began Thursday, stems from a 2023 motion filed by the brothers' legal team. It included new evidence of alleged childhood sexual abuse, such as a letter Erik wrote to a cousin before the murders and a sexual assault claim from Roy Rosselló, a former member of the boy band Menudo.
Then-LA District Attorney George Gascón supported the resentencing effort, citing evolving views on abuse and trauma. However, his successor, Nathan Hochman, has strongly opposed it, accusing the brothers of continuing to lie and failing to show remorse.
Inside the Resentencing Hearing
Thursday’s hearing opened with heated exchanges. Attorneys for both the Menendez brothers and their extended family accused the District Attorney’s Office of misconduct, specifically, showing graphic crime scene photos without notifying the family in advance.
Judge Michael Jesic defended the lead prosecutor but reminded everyone that emotional content is unavoidable in such hearings. Defense attorney Mark Geragos said he may seek to have the DA's office removed from the case.
The brothers appeared via video in prison uniforms, stone-faced as attorneys debated their fate. It’s still unclear whether they will testify.
The hearing will continue into Friday and focus on the brothers’ conduct in prison, including evidence of rehabilitation. It is not a retrial; the goal is to determine if a lesser sentence is warranted.
What Happens Next?
The judge won’t rule immediately, but if he decides to resentence the brothers, it could make them eligible for parole. However, eligibility does not guarantee release, they would still need to convince a parole board they no longer pose a threat to society.
Other Paths to Freedom
In addition to resentencing, the Menendez brothers are pursuing:
Clemency: California Governor Gavin Newsom has ordered a risk assessment ahead of a June hearing to determine if the brothers qualify for a reduced sentence or pardon.
A New Trial: Their lawyers are seeking a new trial based on the abuse allegations, arguing the original jury never heard the full story.
A Family Still Divided
Some members of the Menendez family have become vocal supporters of the brothers’ release. Others remain firmly against it. Milton Anderson, Kitty Menendez’s brother, called them “cold-blooded” killers who should stay behind bars for life.
