Menendez Brothers Resentenced, Parole a Possibility After Decades Behind Bars
In a stunning legal development, Los Angeles County Superior Court Judge Michael Jesic has significantly altered the fate of Erik and Lyle Menendez, reducing their original life-without-parole sentences to 50 years-to-life. This decision now makes the brothers, convicted of the 1989 shotgun murders of their parents, Jose and Kitty Menendez, eligible for parole.
Judge Jesic’s ruling, delivered on Tuesday, marks a pivotal moment in a case that has captivated the public for decades. While acknowledging the severity of the crimes committed, Judge Jesic emphasized that his role was not to determine whether the brothers should be released, but rather to apply the law as it currently stands. The ultimate decision on parole now rests with the California parole board and Governor Gavin Newsom.
Adding fuel to the speculation surrounding the brothers’ potential release, former Assistant U.S. Attorney Neama Rahmani told Fox News Digital that he anticipates Erik and Lyle Menendez could be freed within months. Rahmani stated he does not believe the parole board or Governor Newsom will stand in the way of their release.
Rahmani’s optimism stems from the legal standard applied in resentencing cases. He explained that the critical question is whether the brothers pose an unreasonable risk of committing another violent crime. Rahmani argues the evidence strongly suggests they do not. He pointed to Judge Jesic’s acknowledgment that former LA County District Attorney George Gascon initiated the resentencing request, preventing current LA DA Nathan Hochman from reversing the decision. The court could only deny resentencing if the risk threshold wasn’t met. That wasn’t the case, Rahmani said, citing testimony from prison guards and fellow inmates who described the Menendez brothers as "model prisoners."
Furthermore, Rahmani highlighted the extraordinary support the brothers have received from their family. He emphasized that every living family member of Jose and Kitty Menendez has voiced their support for the brothers’ release, a situation virtually unheard of in such cases. Typically, victims’ families oppose resentencing.
Judge Jesic himself alluded to this unusual level of support when delivering the reduced sentences. He spoke of the extensive consideration he gave to the case, acknowledging the horrific nature of the brothers’ actions. However, he also expressed surprise and noted how he was equally moved by letters of support from prison officials who praised the brothers’ behavior and positive contributions behind bars, calling it "remarkable." While Judge Jesic maintained that the original sentence of life without parole was initially appropriate, he stated that the change in state law allowing for resentencing prompted him to conclude that "They’ve done enough over 35 years to get that chance."
Rahmani emphasized the significance of the victim-family support, suggesting it made it nearly impossible for the current district attorney to prevent the resentencing. He stated that the overwhelming support for the Menendez brothers, both within and outside the courtroom, was the key factor in the outcome. He wryly added that the Menendez brothers should send Netflix and former LA County DA Gascon nice cards this holiday season.
The resentencing hearing was triggered by a habeas corpus petition filed by the brothers in May 2023, citing new evidence related to allegations of sexual assault. This was followed by a motion for resentencing filed by former Los Angeles County DA George Gascon in October 2024. These legal actions were made possible by the passage of AB 600, a California law allowing for the resentencing of inmates who have served long sentences, bringing their cases in line with current legal standards. Gascon’s recommendation was to resentence the brothers to 25 years to life for each count of first-degree murder, resulting in a total of 50 years to life for each brother. He cited a "deeper understanding of the complexities surrounding sexual violence" and "Erik and Lyle’s continuous rehabilitative efforts" as justification for his decision.
During the court session on Tuesday, the defense called three Menendez family members to testify, hoping to convince the judge that the brothers had demonstrated remorse and rehabilitation. Each witness was asked whether they believed their male cousins were capable of committing another heinous crime. Anamaria Baralt said, "There is no chance. I would bet my life on it." Tamara Goodall added, "They are not going to commit a [serious crime]. Because they have too many plans to give back to the world." Diane Hernandez stated, "Absolutely. No. None. They are extremely remarkable people now."
Mark Geragos, the attorney representing the Menendez brothers, described the family’s unified support for the brothers’ resentencing as a "unicorn." The brothers, now 57 and 54 years old, appeared in court wearing blue jail uniforms. They smiled broadly and waved to family and friends in attendance after hearing the resentencing decision.
Both Erik and Lyle Menendez addressed the court via video camera from the San Diego prison where they are incarcerated. Each brother spoke for approximately 10 minutes, fully admitting to their crimes. Lyle Menendez spoke first, taking full responsibility for the cold-blooded murder of his parents in their Beverly Hills mansion in 1989. "I take full responsibility. I killed my parents. I made the choice to kill my mom and dad in their own home. I made the choice to make a mockery of the justice system. I offer no excuse and I don’t blame my parents," he said. "I was impulsive and immature, and I bottled up my own emotions and anger. I was scared, but also filled with rage. Had I had the coping skills and trusted others, I would have not done this. Even after I killed him (Jose), I still heard his voice. I’m deeply ashamed for what I did."
Erik Menendez followed, expressing his "profound sorrow." "I fired all five rounds at my parents and went back to reload. I lied to police. I lied to my family. I’m truly sorry," he said. "My actions were criminal, selfish and cowardly. I take full responsibility. I am truly sorry. My parents should be alive. There can never be full healing for my crime."
Following the judge’s ruling, Geragos celebrated what he called the killer brothers’ resentencing. "I never thought two years later we’d be standing here after 35 years with this wonderful family that I have grown to love like my own family," Geragos said. "And now we see the pot at the end of the rainbow, so to speak."
In response to the judge’s decision, LA District Attorney Hochman released a statement, saying, "Justice should never be swayed by spectacle. The decision to resentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice. Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision. The case of the Menendez brothers has long been a window for the public to better understand the judicial system. This case, like all cases — especially those that captivate the public — must be viewed with a critical eye. Our opposition and analysis ensured that the Court received a complete and accurate record of the facts."
While the brothers remain in prison, their eligibility for parole opens a new chapter in this infamous case. Both Lyle and Erik are scheduled to appear before the parole board on June 13th as part of a comprehensive risk assessment report (CRA) ordered by California Governor Gavin Newsom, who is also considering the brothers’ clemency request – a separate potential path to freedom. According to Fox News, these two types of parole hearings cannot be combined. The parole board is expected to submit its clemency recommendation to Newsom on the June date. Newsom also retains the power to commute their sentence at any time.
