LOS ANGELES (AP) – The Menendez brothers, Erik and Lyle, are preparing to present their cases for parole starting Thursday. This marks their closest opportunity to attain freedom from prison since their convictions for the murders of their parents nearly 30 years ago. The brothers were sentenced to life imprisonment 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, Erik was 18, and Lyle was 21.
The brothers' defense argued that they acted in self-defense after enduring years of sexual abuse from their father. In contrast, prosecutors claimed that the motive for the killings was their anticipation of a multimillion-dollar inheritance.
Recent developments have allowed the brothers to become eligible for parole. In May 2023, a judge in Los Angeles reduced their sentences from life without parole to 50 years to life. This adjustment made them instantly eligible for parole under California law, due to their ages at the time of the crime.
The parole hearing will take place 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. Erik Menendez's hearing will occur Thursday morning, followed by Lyle Menendez on Friday. The evaluation will consider whether the brothers present "an unreasonable risk of danger to society" if released. Factors include their criminal histories, motivations for the crime, expressions of remorse, behavior during imprisonment, and future plans.
If the board grants their parole, a lengthy process must still unfold before the brothers can be released. Following the board's decision, the chief legal counsel of the board has 120 days to review the cases. After that, California Governor Gavin Newsom has 30 days to affirm or deny the parole. Only with Newsom’s affirmation can the Menendez brothers leave prison.
Governor Newsom had previously directed the state parole board to conduct a risk assessment in response to a clemency request. He emphasized that the critical factor would be whether the brothers posed an "unreasonable risk to public safety." Newsom noted that he has historically approved and rejected decisions made by the parole board and stated that he would be the "ultimate arbiter" in this situation.
In a recent development, the brothers' attorney, Mark Geragos, sought Erik Menendez's release last month after he experienced a "serious medical condition." Erik has since returned to prison after being hospitalized.
The Menendez case has fascinated true crime enthusiasts for decades, inspiring numerous documentaries, television specials, and dramatizations. The Netflix drama "Monsters: The Lyle and Erik Menendez Story" and a documentary titled "The Menendez Brothers," both released in 2024, have drawn renewed interest to their case. Additionally, support for the brothers has surged in the past year, with input from celebrities like Kim Kardashian and increased acknowledgment of their traumatic past as victims of sexual abuse.
Some supporters have traveled to Los Angeles in recent months to hold rallies and attend hearings while the brothers' attorneys have advocated for resentencing. The previous Los Angeles County District Attorney, George Gascón, was instrumental in paving the way for potential freedom last fall by requesting the judge to reduce their sentences.
Since their convictions, the Menendez brothers have pursued education, engaged in self-help programs, and initiated various support groups within the prison system. However, the current prosecutors have pushed back against the resentencing, claiming that the brothers have not sufficiently taken responsibility for their actions.
Furthermore, the Menendez brothers have a pending habeas corpus petition filed in May 2023, seeking a review of their convictions based on new evidence supporting their claims of sexual abuse. In a recent ruling, a different judge mandated the Los Angeles prosecutors to justify why the case should not be reconsidered.
The California Department of Corrections has designated a single media representative to observe the proceedings virtually, providing periodic updates to the press.
