LOS ANGELES — In an historic courtroom decision that could lead to the release of one of America’s most notorious sibling duos, Los Angeles Superior Court Judge Michael V. Jesic on Tuesday resentenced Lyle and Erik Menendez to 50 years to life in prison, making them eligible for parole more than three decades after they were convicted of murdering their parents in their Beverly Hills mansion.
The decision came at the conclusion of what was scheduled to be a two-day resentencing hearing. Instead, Jesic moved swiftly, delivering a ruling that both acknowledged the “horrific” nature of the 1989 killings and recognized the brothers’ rehabilitative efforts in prison.
“This was an absolutely horrific crime,” Judge Jesic said. “But I do believe they have done enough over the last 35 years to get that chance.”
Jesic emphasized that his ruling was not a declaration that the brothers should be released, but rather that they should be given the opportunity to seek parole. “One day, they should get that chance,” he said.
Erik and Lyle Menendez were originally sentenced to life without the possibility of parole for the shotgun murders of their parents, Kitty and Jose Menendez. The brothers have long maintained that the killings were an act of self-defense following years of physical and sexual abuse at the hands of their father.
The resentencing came after years of legal appeals, including a habeas corpus petition and a separate bid for clemency. Their case gained renewed attention in recent years, driven in part by a wave of online activism and new state laws allowing for resentencing based on evidence of rehabilitation and evolving understanding of trauma and abuse.
“This is not the ’90s anymore,” defense attorney Mark Geragos said at a press conference outside the courthouse. “We have a more robust understanding of a lot of things.”
Geragos credited the decision to Jesic’s ability to “cancel out all the noise surrounding this — all of the grandstanding, all of the political back and forth,” and to focus solely on the law. “He did what the code section said he should do. He did what justice said should happen,” Geragos said.
Former Los Angeles County District Attorney George Gascón had recommended resentencing for the brothers in 2024, citing evidence of rehabilitation. But his successor, Nathan Hochman, opposed the move.
In a statement, Hochman called Jesic’s decision “monumental” and emphasized that the DA’s office ensured the court had access to “all the facts before making such a consequential decision.”
Hochman, who held his own press conference earlier in the day, argued that the brothers have not fully accepted responsibility for their actions. “What we have said is that the Menendez brothers are not ready for resentencing,” Hochman said, citing their continued insistence that they killed their parents out of fear rather than premeditation.
According to Hochman, the brothers’ claim of acting in self-defense is a “lie,” adding, “They engaged in a deliberate, premeditated killing of their parents.”
He also cited recent prison violations — including the possession of contraband cell phones and alleged involvement in tax fraud schemes — as reasons to question their rehabilitation. “If they can’t follow the rules in prison,” Hochman said, “then the confidence level that they’ll follow the rules outside is reduced.”
A state parole board report ordered by Governor Gavin Newsom earlier this year found that both men pose a “moderate risk of violence” if released — a step up from earlier “low-risk” assessments. That risk assessment will now be part of a parole hearing scheduled for June 13.
The courtroom was filled with emotional testimony from family members who have long supported the brothers’ release. Annamaria Baralt, the brothers’ cousin, testified and later told reporters, “I am so happy that I wore waterproof mascara. These are tears of joy, for sure.”
Baralt said the brothers had changed over time and deserved a chance to return home. “They are remarkable human beings at this point,” added Diane Hernandez, another cousin, who lived with the Menendez family and described the household as dominated by fear and abuse.
Former Judge Jonathan Colby, who met the brothers while volunteering with his therapy dog in prison, called them “peacemakers” and said their stories changed his views on inmate rehabilitation. “This is the only declaration I’ve written for any inmate,” Colby told the court.
Also testifying was Anerae Brown, a former inmate who credited the brothers with helping him gain parole after 26 years. “They pursued so many different rehabilitative possibilities,” Brown said. “That is going to produce a sort of hope in a hopeless environment.”
In their virtual court appearance from the Richard J. Donovan Correctional Facility near San Diego, both brothers addressed the judge and the courtroom with remorse.
“I committed an atrocious act against two people who had every right to live — my mom and dad,” Erik Menendez said. “There’s no excuse for my behavior. I will never stop trying to make a difference whether I am inside or outside of prison.”
Lyle Menendez admitted to being “immature” and “filled with rage” at the time of the murders. He accepted full responsibility, even acknowledging that he tried to manipulate others during the trial to bolster their defense. “Had I trusted others to help me, I wouldn’t have committed these crimes,” he said.
Their statements were a key factor in the judge’s decision. While not explicitly ruling on their credibility, Jesic said the extensive letters from prison officials and testimonials underscored the brothers’ progress. “It’s remarkable what the brothers have done,” the judge said.
Although Judge Jesic’s ruling opens the door to parole, it does not guarantee release. The California Board of Parole Hearings will conduct separate hearings for each brother in June. If parole is granted, Governor Gavin Newsom has 120 days to affirm, reverse, or modify the decision.
In 2022, Newsom rejected a parole board recommendation for Sirhan Sirhan, the convicted assassin of Sen. Robert F. Kennedy, showing that gubernatorial intervention is not merely procedural.
Additionally, the brothers’ attorneys have filed a habeas petition, which could potentially lead to a new trial. One piece of newly cited evidence includes a 1988 letter Erik wrote to a cousin that mentions alleged abuse by his father.
While some prosecutors remain skeptical, Geragos remains optimistic. “I’ve said ever since my failed prediction of Thanksgiving dinner that 2025 would be their year,” he said. “I’m hopeful that the right thing will be done, and that they walk out.”
Back outside the courthouse, a crowd of supporters and relatives embraced the ruling. “They are a real family, real people who have lived through unimaginable horrors,” Geragos said. “Today is a great day after 35 years.”
