By Taylor Romine, Matthew J. Friedman, Nick Watt, Melissa Gray, CNN
Erik Menendez (R) and brother Lyle listen to court proceedings during a May 17, 1991 appearance. Photo: Reuters: Lee Celano
A judge resentenced Erik and Lyle Menendez to 50 years to life in prison for the 1989 murders of their parents, ruling Tuesday the brothers will be eligible for parole. The brothers have been serving life without parole for the killings.
The stunning decision came at the end of the first day of a two-day hearing about resentencing for the brothers, who were convicted of first-degree murder for the killings in the living room of the family's Beverly Hills home.
Judge Michael Jesic said during the resentencing that a horrific crime was committed, but he was equally shocked by the letters from prison and corrections officers, saying it's remarkable what they've done.
While the brothers will now be eligible for parole, Jesic said he is not suggesting they should be released, but added "one day they should get that chance".
The ruling makes them immediately eligible for parole; the state parole board and governor must still decide whether to grant it. The parole board is already scheduled to have a hearing 13 June as part of a separate bid by the brothers.
"It's now up to the parole board and the governor of California," Jesic said. CNN has reached out to the governor's office and the state parole board for comment on the ruling.
The parole board could either deny their request or recommend to the governor that they be granted parole. If the board recommends that parole be granted, the decision will go to Governor Gavin Newsom's desk, where he will have 120 days to grant, reverse or modify the decision.
In California, the governor has "executive authority to affirm, reverse, or modify any Board decision to grant or deny parole to a convicted murderer," according to the California Department of Corrections and Rehabilitation.
In 2022, Newsom used that authority to deny parole for Sirhan Sirhan, the man convicted of assassinating Senator Robert F. Kennedy, after the board recommended Sirhan for parole.
Last fall, former Los Angeles County District Attorney George Gascón recommended resentencing for the brothers, but his successor, Nathan Hochman, has fought against it.
The brothers were hoping the judge would reduce that sentence to life with parole; their attorney Mark Geragos said earlier Tuesday he hoped the judge would go even further and reduce the charge to voluntary manslaughter, with a sentence of time served.
The high-stakes hearing began Tuesday with arguments about whether the brothers should be resentenced in the first place. They appeared remotely from prison before the judge made the decision, and both took "full responsibility" for the murders.
"I committed an atrocious act against two people who had every right to live, my mom and dad," Erik said, adding that he "created a crushing sadness" for his family and there was "no excuse" for his behaviour.
"I will never stop trying to make a difference whether I am inside or outside of prison," he said.
Lyle also admitted to killing his parents, saying he "was immature" and "filled with rage."
"Had I trusted others to help me, I wouldn't have committed these crimes," he said. "I didn't think anyone would believe me about my sexual abuse."
If he was let out of prison, he would "continue to serve sexual abuse victims," he said.
The hearing moved much more quickly than expected.
Jesic had given no indication about when or in what form he would rule, acknowledging the complicated nature of the case in which the family members are victims who also support the defense. It was even thought a decision wouldn't come before the end of proceedings Wednesday, he said.
Resentencing is just one of several avenues the brothers are taking in their bid for freedom. They're also seeking clemency from the governor, which could allow for their immediate release, and they have filed a habeas petition for a new trial.
Family members testify
Family members who have long supported the brothers were in court Tuesday, with several taking the stand to plead for the brothers' release.
"We just want this to end," cousin Anamaria Baralt testified.
Relatives say the brothers have demonstrated remorse and rehabilitation, and that the severity of the sentence should be revisited because of an evolving understanding of childhood sexual abuse. The brothers have maintained they carried out the murders in self-defense after years of abuse by their father.
Another cousin who testified Tuesday, Diane Hernandez, lived with the Menendez family in their Beverly Hills home and viewed herself as an older sister to the boys. On the stand, she described how Jose Menendez intimidated and terrorized the house, and testified about his "hallway rule" that when he was with the brothers, no one else could be.
"Please be merciful," Hernandez told the judge. The brothers, she said, "are remarkable human beings at this point".
Hochman had said he was not opposed to resentencing, but he doesn't feel it's justified yet. The brothers, he says, have "fabricated" their claims of abuse and self-defense and must admit it first.
"The Menendezes have had numerous chances to come clean with all their actions and if and when they do, they'll be ready for resentencing," Hochman told CNN earlier Tuesday.
Prosecutors pressed family members on whether they were aware of the brothers having lied to them over the years.
"Were you aware the brothers lied to the family, to law enforcement and to the media?" Seth Carmack asked Tamara Goodell, another cousin. She said she was, but that the brothers never spoke about it to her one way or another and they talk about the murders with her only to say sorry.
Baralt was also asked whether the brothers had ever admitted to lying and trying to manipulate the case. She said Lyle had recently admitted asking a girlfriend to lie about his father's abuse.
Another factor Hochman cited in opposing resentencing is the recent finding the brothers would pose a "moderate" risk of violence if released. That came in a pair of comprehensive risk assessments conducted by the state parole board.
Both brothers had committed cell phone violations while in prison, he said - Lyle in November 2024 and Erik in January 2025.
Prosecutor Habib Balian asked Baralt on Tuesday about the cell phones, and she acknowledged some of her conversations with Lyle had taken place on an illegal burner phone he had in prison.
Efforts toward release
Unlike a new trial, which would focus on the facts of the case, resentencing allowed the judge to consider a variety of factors, including the brothers' rehabilitative efforts.
The brothers have founded a long list of prison programs, with Erik starting at least five, including a support group for disabled and elderly inmates. Lyle founded a massive beautification program, raising more the US$250,000 to install greenery to help prison life to resemble the outside world.
Geragos said Tuesday he wanted the brothers to testify at some point during the hearing.
Newsom has the power to commute the brothers' sentences, which would immediately free them - but he has so far refrained from doing so. The "comprehensive risk assessments" the judge requested ahead of the resentencing hearing were commissioned by the state's Board of Parole after Newsom asked them to investigate whether the brothers would pose an "unreasonable risk" to the public if released.
Attorneys for the Menendez brothers are also pursuing a new trial, formally known as a habeas corpus petition. Attorneys claim to have new evidence against the brothers' father, including a 1988 letter from Erik Menendez to a relative referencing the alleged abuse.
- CNN
