The Menendez brothers got a major win in their fight for freedom. But it's not over yet.

Importance Score: 70 / 100 šŸ”“

A judge’s recent decision to resentence Erik and Lyle Menendez offers the siblings a prospect they haven’t experienced in over three decades: the possibility of leaving the Southern California correctional facility where they are currently held. This development has sparked renewed interest in the Menendez brothers’ case, focusing on their potential parole and the details surrounding the infamous crime.

Potential Release for Menendez Brothers After Resentencing

The brothers, previously serving life sentences without parole for the 1989 patricide and matricide of their parents, may now seek release through California’s parole board. This comes after Los Angeles County Superior Court Judge Michael Jesic determined they do not present an “unreasonable risk” if released from custody.

Judge Jesic resentenced the brothers to 50 years to life, upholding the recommendation of former Los Angeles County District Attorney George Gascon and rejecting the stance of his successor, Nathan Hochman, who argued against their resentencing.

The case, which reignited debates on criminal justice rehabilitation following a Netflix series and documentary, now faces further developments.

June 13 Parole Hearing

Jesic’s decree enables Erik, 54, and Lyle, 57, to argue their case for freedom at a hearing to determine their suitability for parole. This proceeding is slated for June 13—a date initially reserved for clemency hearings by California Governor Gavin Newsom, according to the California Department of Corrections and Rehabilitation.

ā€œGiven the ruling, they are now immediately eligible for parole as youth offenders, the Board intends to convert the June 13, 2025, clemency hearing into an initial parole suitability hearing,ā€ stated Scott Wyckoff, executive officer of Board of Parole Hearings, in a letter acquired by the Los Angeles Times.

The corrections department spokesperson mentioned that objections to this change could be raised.

Even though the hearings won’t address clemency, the brothers’ application to the governor remains active.

Should the parole hearing proceed, parole commissioners must ascertain whether the brothers pose an undue public safety risk. Prosecutors, relatives of the victims, and others can present their views.

Hochman informed reporters that a representative from the district attorney’s office would be present. The extent of their involvement will likely be determined by the parole board.

Even if the commissioners deem the brothers suitable for parole, Newsom must approve the “proposed” decision.

When questioned about his potential actions if the board recommends parole, Newsom didn’t provide a definite answer but stated he often refers such recommendations to the full parole board for review. He retains the power to reverse a recommendation, he told reporters.

ā€œI have immense respect for their judgment and the relatively small percentage of parole applications they approve,ā€ he added.

Continued Appeal for Clemency

Newsom noted the similarity between the clemency and parole eligibility assessment processes. As part of the siblings’ clemency application, the governor requested the board to assess their potential risk if released.

Some parts of this evaluation are already public. During the resentencing, Hochman stated that forensic psychologists considered the brothers a “moderate” risk for committing violence outside of the prison. These findings were based partly on psychological assessments and recent prison violations, according to Hochman.

The brothers’ attorney, Mark Geragos, dismissed these violations—which included the use of smuggled cellphones after the resentencing proceedings began—and asserted they do not constitute a severe infraction that would indicate an unreasonable risk.

Hochman opposed the brothers’ release because of this evaluation. He cited their lack of full accountability for their actions and noted 16 “unacknowledged lies” about the murders for decades. He reiterated this stance in a news conference.

ā€œIf they confront the underlying reasons for their elevated risk level and finally acknowledge their lies, fraud, and deceit, they could become suitable parole candidates,ā€ he stated.

After resentencing, the brothers declared they had taken full responsibility and presented no excuse for killing their parents, Kitty and Jose, on Aug. 20, 1989.

During trial and in subsequent media appearances, including a 2017 ā€œDatelineā€ interview, the brothers claimed they acted in self-defense after Lyle confronted his father over alleged sexual abuse of his younger brother, at which point Jose threatened him.

Prosecutors have consistently disputed this account, portraying the killings as pre-meditated and brutal, motivated by financial gain—Lyle Menendez reloaded his shotgun before shooting his mother in the face.

Lyle Menendez expressed his ā€œdeep shameā€ for his actions 35 years ago during a recent court appearance. The ongoing Menendez brothers’ case continues to capture public attention due to its complex nature and the heavy sentences involved.

Claim of New Evidence

The brothers are simultaneously pursuing freedom through a petition to overturn their convictions, based on what their defense attorneys term as new evidence.

The petition includes a photocopied letter Erik purportedly wrote to a cousin. Geragos claims the letter confirms Jose’s abuse months before the killings. This was filed after the release of Peacock’s ā€œMenudo + Menendez: Boys Betrayed,ā€ featuring a former band member accusing Jose Menendez of rape. (Peacock is owned by NBCUniversal, the parent company of NBC News.)

At the time, Jose Menendez was an executive with RCA Records, which held a multi-album contract with the band.

Hochman has stated that the evidence doesn’t meet the legal standard for ordering a new trial and opposes the petition. The possibility of parole for the Menendez brothers remains a topic of significant debate.


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