Menendez brothers' resentencing: What to know, and will they be freed?

Menendez brothers resentenced, eligible for parole

Legal analyst Tre Lovell joins LiveNOW's Christina Evans to react to the resentencing of Erik and Lyle Menendez.

LOS ANGELES - The Menendez brothers have a new shot at freedom after serving 35 years in prison for murdering their parents. 

Erik and Lyle Menendez on Tuesday had their sentences reduced from life in prison without parole to 50 years to life in a ruling by Los Angeles County Superior Court Judge Michael Jesic.

Here’s what to know after the resentencing:

Menendez brothers: Will they be freed?

What we know:

Jesic’s ruling makes the brothers immediately eligible for parole for the killing of their father, Jose Menendez — a powerful record executive — and their mother, Kitty Menendez, in their Beverly Hills home in 1989. 

Dig deeper:

The judge's decision followed months of pushback from prosecutors who opposed resentencing, arguing the brothers hadn't taken adequate responsibility for their crimes. Ultimately, prosecutors did not call any witnesses, saying they had presented all of their evidence.

Meanwhile, the defense had family members and those who knew the brothers since their conviction to speak to their character and rehabilitation. The brothers also addressed the court via video as family members listened on tearfully. Most of the brothers’ family members, including aunts and uncles, have long supported their bid for freedom.

"On Aug. 20, 1989, I killed my mom and dad. I make no excuses and also no justification," Lyle Menendez, now 57, said on Tuesday, choking up as he addressed the room. "The impact of my violent actions on my family ... is unfathomable."

Erik Menendez, now 54, also spoke about taking responsibility for his actions and apologized to his family.

"You did not deserve what I did to you, but you inspire me to do better," he said.

The judge issued his decision immediately after the brothers spoke. The hearing was scheduled to last two days, but Jesic made his decision in one, offering the brothers new hope after years of unsuccessful appeals and attempts to win freedom in a case that has captured public attention from the start.

The Menendez brothers are pictured in a file image from 1994. (Photo by Ted Soqui/Sygma via Getty Images)

Timeline:

In 1990, Lyle Menendez, then 21, and Erik Menendez, 18, were arrested and charged with first-degree murder. 

In 1993, the Menendez brothers went on trial, each with a separate jury. Prosecutors argued that they killed their parents for financial gain. The brothers’ attorneys didn’t dispute the pair killed their parents, but argued that they acted out of self-defense after years of emotional and sexual abuse by their father. But both juries deadlocked.

In late 1995, the brothers’ retrial with a single jury was held – with much of the defense evidence about alleged sexual abuse being excluded. They were ultimately sentenced in 1996 to life in prison without the possibility of parole.

After being denied appeals, attorneys for the Menendez brothers in 2023 asked the court to reconsider the convictions and life sentences in light of new evidence from a former member of the boy band Menudo, who said he was raped by Jose Menendez when he was 14. In addition, they submitted a letter that Erik wrote to his cousin before the killings about his father’s abuse.

The case reached a major turning point in 2024 when then-Los Angeles District Attorney George Gascón said he was reviewing new evidence in the case. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for fellow people in prison, Gascón's office said in a petition.

Also, last year, Netflix released the crime drama "Monsters: The Lyle and Erik Menendez Story," a nine-episode series about the killings – renewing interest in the case. 

What they're saying:

 "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."

The judge said he was especially moved by a letter from a prison official who supported resentencing, something the official had never done for any incarcerated person in the 25 years of his career.

What's next:

The state parole board must decide whether to release them. The brothers have an appearance before the parole board on June 13 as part of a risk assessment report ordered by California Gov. Gavin Newsom to aid in his clemency decision.