Siblings Who Killed Their Parents In 1989 Might Be Released

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A judge’s ruling has made Lyle and Erik Menendez eligible for parole, but the brothers still face significant hurdles in their bid for release nearly three decades after their 1989 conviction for murdering their parents.

On Tuesday, Los Angeles County Superior Court Judge Michael Jesic reduced the brothers’ sentences from life without parole to 50 years to life, applying California’s youthful offender law. This law allows individuals convicted of crimes committed before age 26 to be considered for release if they demonstrate maturity and rehabilitation. The Menendez brothers, now in their 50s, could present their case to a parole board as early as next month, as they already have a clemency hearing scheduled for June 13 with Gov. Gavin Newsom.

David Ring, a Los Angeles trial attorney not involved in the case, noted that the June appearance will likely double as their formal parole hearing. If parole is granted, the decision will rest with Gov. Newsom, who could approve or deny it. “That’s why it kind of merges with the clemency request, because that’s also Newsom’s decision,” Ring explained.

Newsom has not signaled his stance on potential parole approval. On Wednesday, he stated he would review the parole board’s recommendation, adding that he has rejected parole decisions in the past. He also indicated that it remains unclear whether the clemency and parole hearings will be combined on June 13.

The 1989 shotgun killings of entertainment executive Jose Menendez and his wife, Kitty, in their Beverly Hills home were brutal. Lyle Menendez, the elder son, called 911, initially suggesting the murders were linked to the Mafia or their father’s business dealings. The brothers later argued they acted in self-defense following years of abuse by their father.

What Happened at the Resentencing?

During the resentencing hearing, the brothers’ attorneys presented testimony from family members and others familiar with the brothers’ post-conviction character and rehabilitation efforts before Judge Jesic. Family members advocated for their release, and Jesic was particularly moved by a letter from a prison official who supported resentencing—a first in the official’s 25-year career.

“I’m not saying they should be released; it’s not for me to decide,” Jesic said. “I do believe they’ve done enough in the past 35 years that they should get that chance.”

Prosecutors, who opposed resentencing, called no witnesses and argued that the brothers have not fully accepted responsibility for their crimes.

Who Might Testify at the Parole Hearing?

Ring suggested the parole hearing could be “one-sided in their favor,” as all surviving family members support the brothers’ release. Typically, victims’ relatives or victims themselves advocate for continued incarceration, but no relatives of Jose or Kitty Menendez oppose the brothers’ freedom.

“In this case, it might just be the D.A. who’s saying they should not be released. And the D.A. may not even take that position. They may just sit on the sidelines,” Ring said.

Seattle trial lawyer Anne Bremner noted that the parole board, already familiar with the brothers’ case through prior risk assessments, will evaluate their behavior and contributions since incarceration. “They know who these two are, what their alleged crimes were, and what they’ve done since the time that they were incarcerated until today,” she said.

What Happens if Parole is Denied or Granted?

If parole is denied at their first hearing, the brothers will be eligible for future hearings until release is granted. If the board approves parole, Newsom could veto the decision, as he did in 2022 for Sirhan Sirhan, the assassin of Robert F. Kennedy. At the time, Newsom cited Sirhan’s ongoing threat to public safety and lack of accountability.

Earlier this year, Newsom ordered a comprehensive risk assessment to evaluate the brothers’ potential danger to society if released. Should he uphold a parole decision, the brothers could be freed within weeks or months, subject to parole conditions such as regular check-ins with parole officers. Their attorney, Mark Geragos, confirmed they have submitted a “robust parole plan” to the court.

Ring noted that the brothers are unlikely to require halfway houses or reentry programs, allowing them to live freely while adhering to parole protocols.

Could One Brother Remain in Prison While the Other is Released?

The brothers face separate hearings and will be assessed individually. Ring explained that if one brother had a problematic prison record, it’s possible only one could be released. However, he considers this unlikely, as both have similar, seemingly exemplary prison records. “I think everyone just assumes that they’re a matched pair and it’s either both of them or neither of them,” he said. “They appear to have been pretty model citizens. I think they’re both going to be rated as low risk to society.”

What Other Avenues Do They Have for Release?

In May 2023, the brothers’ attorneys filed a habeas corpus petition requesting a new trial based on new evidence of their alleged sexual abuse. Los Angeles prosecutors have opposed the petition, and the defense’s reply is due within a week, according to Geragos. The court will then decide the matter.

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