Erik and Lyle Menendez have been given a chance at freedom after a California judge resentenced them on Tuesday for the murder of their parents.
After hearing testimony, Los Angeles County Superior Court Judge Michael Jesic reduced the Menendez brothers’ sentences from life without parole to 50 years to life.
Under California law, the brothers are now eligible for parole. It will now be up to the state parole board to decide if they should go free.
“I’m not saying they should be released, it’s not for me to decide,” Judge Jesic said. “I do believe they’ve done enough in the past 35 years, that they should get that chance.”
The men have spent nearly 30 years in prison for murdering their parents.
Several cousins delivered emotional testimony on Tuesday as they pleaded with the judge to release the brothers, claiming they had changed since the killings and that they had been “universally forgiven by the family.”
The brothers appeared via livestream video from prison where they waved at loved ones who were in court for the resentencing hearing that is expected to last two days.
If the Los Angeles judge, who is presiding over the high-profile case, shortens their sentences, the brothers would still need approval from the state’s parole board to get out of prison. They could then potentially go free on time served.
Erik and Lyle Menendez were sentenced in 1996 to life in prison without the possibility of parole for killing their father, Jose Menendez, and mother, Kitty Menende,z in 1989.
Defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, but prosecutors said they killed their parents for a multimillion-dollar inheritance.
Key Points
- Menendez brothers resentenced for murder of their parents, now eligible for parole
- What to expect at the resentencing hearing
- Erik and Lyle Menendez to speak at their resentencing hearing
- A timeline of the Menendez brothers' murder case
- Previous LA County DA opened door to possible freedom
Menendez brothers have murder sentences reduced with parole now possible
02:08 , Graeme Massie
Erik Menendez accepts 'full responsibility' for murder of parents
01:56 , Graeme Massie"I fired all five rounds at my parents and went back to reload. I lied to police. I lied to my family. I'm truly sorry," he told the court on Tuesday.
Lyle Menendez describes 'profound sorrow' at killing his parents
01:55 , Graeme MassieAn emotional Lyle Menendez expressed “profound sorrow” for his family when he spoke via videolink to the courtroom on Tuesday.
"I committed an atrocious act against two people who had the right to live, my mom and dad," he said. "Today, 35 years later, I am deeply ashamed of who I was."
He went on to tell the court that if released, he plans to work with the incarcerated community.
Menendez brothers resentenced for murder of their parents, now eligible for parole
01:37Los Angeles County Superior Court Judge Michael Jesic on Tuesday evening reduced the Menendez brothers’ sentences from life without parole to 50 years to life, the Associated Press reported.
Under California law, the brothers are now eligible for parole. It will now be up to the state parole board to decide if they should go free.
“I’m not saying they should be released, it’s not for me to decide,” Judge Jesic said. “I do believe they’ve done enough in the past 35 years, that they should get that chance.”
Judge agrees Menendez brothers can be resentenced
01:16 , Graeme MassieAfter hearing witness testimony, a California judge agreed that the Menendez brothers may be resentenced, according to ABC10 San Diego. Judge Michael Jesic ruled that the brothers do not pose a risk of committing a super strike crime if released. The judge did not announce how he would resentence the brothers, who are now taking the stand to speak on their own behalf.
Defense tells court it has no more witnesses
Wednesday 14 May 2025 00:10 , Graeme MassieFollowing the testimony of Anerae Brown, Mark Geragos told the judge that there were no more witnesses. Prosecutors also said that they had no additional evidence to present. Judge Michael Jesic has given the court a break. After the break, lawyers for the brothers came back to ask Brown some additional questions.
Former inmate praises brothers from witness stand
Tuesday 13 May 2025 23:26 , Graeme MassieAnerae Brown became emotional as he told the court that the Menendez brothers had played a big part in his leaving gang life behind.
Brown was asked if he would have achieved parole without the help of Erik and Lyle Menendez.
"I'd still be sitting there," Brown said. "If I hadn't met Lyle and Erik, I might still be sitting there doing stupid things."
Retired judge is next witness to testify
Tuesday 13 May 2025 22:28Court is back in session for the afternoon.
A retired judge is providing testimony on behalf of the brothers, NBC reports.
He is the fourth witness to be called by the defense. Three more witnesses are expected to be called by the defense. The state is not expected to call any.
Defense argues brothers should be resentenced to manslaughter and released immediately
Tuesday 13 May 2025 22:13 , Andrea CavallierAttorney Mark Geragos, who is defending the brothers, said he will argue that the brothers should be resentenced to manslaughter and that they should be released immediately.
"What we are pushing for under the statute is a recall of the sentence, a resentence that is a meaningful modification," Geragos told reporters outside court during a midday break.
"The meaningful modification would be that they are convicted of a lesser offense, which would be voluntary manslaughter."
In the original resentencing motion, the resentencing was under murder, which would require a parole hearing, meaning there would be no possibility of immediate release.
Court is on lunch break until 1:30 p.m. PT
Cousin testifies about chilling ‘hallway rule’ at the Menendez brothers’ home
Tuesday 13 May 2025 20:39 , Andrea CavallierDiane Hernandez, another cousin who said she lived at the Menendez home at one point, begged the judge to let the brothers’ go free.
She told the court that Lyle had confided in her that his father was molesting him and that when Jose was with one of his sons, no one was allowed to go near the room they were in.
Hernandez described it as the “hallway rule” and explained that Jose would claim Erik wasn't feeling good and then would come down to grab his son dinner.
“It was very strange, but because it was Jose, I didn't question it,” she said.
Another cousin testifies that Menendez brothers are '1,000 times different'
Tuesday 13 May 2025 20:28 , Andrea CavallierTamara Lucero Goodell, another cousin, was the second person to testify.
She told the court she was just nine years old at the time of the murders and that Erik and Lyle are like brothers to her.
On cross examination, when asked whether they talked with her about the murders, she responded they did, but only to say they were sorry for the pain caused to the family.
When asked whether she ever saw Kitty or Jose Menendez abuse the brothers, Goodell said she saw Jose Menendez once grab one of them by the back of the neck at a tennis court.
Goodell insisted the brothers, if released today, would not commit a “super-strike” crime, which is a violent crime, something that would prevent resentencing.
She said that if released, Lyle wants to work on green spaces and Erik would like to provide hospice care.
When asked whether the brothers have changed since the murders, she said “they are 1,000 times different.”
Their release “would bring a lot of closure for all of us,” she said.
Erik and Lyle Menendez to speak at their resentencing hearing
Tuesday 13 May 2025 20:12 , Andrea CavallierBoth brothers will speak to the Van Nuys courtroom during their resentencing hearing in an effort to secure their freedom.
Their testimony will come after the arguments on both sides are done at the end of the resentencing hearings, a judge ruled.
The ruling means the brothers will not be subjected to cross-examination by prosecution, NBC reported.
Judge explains only way resentencing would be taken off the table
Tuesday 13 May 2025 19:27 , Andrea CavallierPrior to the first witness taking the stand, Judge Michael Jesic explained to the court the legislative framework for resentencing.
According to an NBC reporter in the courtroom, the judge said that resentencing would only be taken off the table if there was a presumption that the brothers would commit a specific list of high-level crimes, such as murder or rape.
Cousin makes emotional plea
Tuesday 13 May 2025 19:20 , Andrea CavallierBaralt’s testimony became emotional as she pleaded with the judge to release her cousins from prison.
“They are very different men,” she explained through tears, adding that “their transformation is remarkable.”
Baralt also told the court that time is running out for the brothers to be reunited with their aging relatives.
When questioned on cross, Baralt told prosecutors that the brothers have taken full responsibility for their crimes.
She also told the court that Lyle Menendez admitted to asking a witness to lie at trial, ABC News reported. But added that they haven't acknowledged some aspects of the case to her.
‘It has been torture for decades’
Tuesday 13 May 2025 19:09 , Andrea CavallierAnamaria Baralt told the court how the murders had affected their family.
“It has been a relentless examination of our family in the public eye… it has been a torture for decades.”
First witness is Erik and Lyle Menendez's cousin
Tuesday 13 May 2025 18:58 , Andrea CavallierAnamaria Baralt, a staunch supporter of her cousins’ fight for freedom, is the first one to testify at the hearing on Tuesday.
Baralt estimated she’d be to court about 10-15 times for her cousins.
“Thirty-five years is enough… They are universally forgiven by the family,” she said.
Resentencing hearing now underway after morning delay
Tuesday 13 May 2025 18:46 , Andrea CavallierThe hearing for the Menendez brothers is now underway in Van Nuys after a 40-minute delay this morning.
Lyle and Erik Menendez appeared via video feed from prison. They were wearing blue prison jumpsuits and waved to people in the courtroom, NBC reported.
It is not clear if they will testify during this hearing.
Family members, supporters show up for resentencing hearing
Tuesday 13 May 2025 18:20 , Andrea Cavallier
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LA County DA argues Menendez brothers have not taken full responsibility for their crimes
Tuesday 13 May 2025 18:10 , Andrea CavallierLos Angeles County District Attorney Nathan Hochman spoke to reporters outside the courthouse ahead of the hearing for the brothers’ resentencing, which he opposes.
He argued that the brothers have not taken full responsibility for their crimes because they have not admitted to lies told during their trials and that they continue to make excuses for their actions.
Menendez brothers’ cousin admits ‘I’m nervous’ as she arrives for hearing
Tuesday 13 May 2025 17:57 , Andrea CavallierAnamaria Baralt, cousin of Menendez brothers, has arrived at the courthouse for the hearing, NBC Los Angeles reported.
She told reporters: “I'm nervous. Their lives are on the line.”
Family members support the Menendez brothers
Tuesday 13 May 2025 17:50 , Andrea CavallierMultiple generations of family members have supported the brothers throughout the years despite the murders, because they had been “brutalized” and sexually abused by their father.
Joan Andersen VanderMolen, Kitty Menendez’s sister, has previously said the wider family did not know about the extent of the abuse, and she’s spent years struggling to come to terms with it all.’
“It became clear that their actions — while tragic — were the desperate response of two boys trying to survive the unspeakable cruelty of their father,” the 92-year-old aunt said last fall when they pleaded for their release during a news conference.
Several of the family members emphasized that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder.
What are the Menendez brothers' risk assessments?
Tuesday 13 May 2025 17:35 , Andrea CavallierA hearing was held Friday to determine whether the resentencing should include information from the California Board of Parole's newly completed risk assessment, which was conducted as a part of a separate clemency path, the Associated Press reported.
The risk assessment, which said the brothers pose a moderate risk to the community if they're released, revealed they possessed illegal cellphones in prison, among numerous other violations, though many are not recent.
However, Erik Menendez had a phone as recently as January of this year, which Hochman stressed was during the resentencing effort when he should have been on his best behavior.
Judge Michael Jesic indicated he will take some of the risk assessment into account for the resentencing case, but he added that the information in the assessment is preliminary and attorneys can't question the psychologists who performed the examinations.
The risk assessment came at the request of Gov. Gavin Newsom as a part of the brothers' clemency bid; the brothers are pursuing multiple avenues to freedom, and the clemency path is separate from the resentencing path.
What to expect at today’s hearing
Tuesday 13 May 2025 17:15 , Andrea CavallierThe brothers’ defense attorney said he plans to call at least seven family members to testify at the hearings. Erik and Lyle will appear virtually from prison. It is unclear if they will testify.
Meanwhile, Los Angeles County prosecutors will be arguing against the resentencing.
They say the brothers have not taken complete responsibility for the crime and will likely reference the preliminary findings from a forensic psychologist who looked at whether the brothers pose a risk to society if released, an assessment ordered by the state parole board.
The admissibility of the results in court have been a point of contention for the two sides, as they have not been made public, but the judge said last Friday that some parts can be included.
At the end of the hearing, expected to last two days, the judge could decide on the resentencing from the bench or issue a written ruling later.
Relatives of the Menendez brothers arrive at courthouse
Tuesday 13 May 2025 17:09 , Andrea CavallierUPDATE: Relatives arrive for #MenendezBrothers resentencing hearing. @NewsNation pic.twitter.com/7jXeAYzIpj
— Nancy Loo (@NancyLoo) May 13, 2025
Have the Menendez brothers been rehabilitated?
Tuesday 13 May 2025 17:05 , Andrea CavallierThe big question at the center of this week’s hearing is have Erik Menendez, 54, and Lyle Menendez, 57, been rehabilitated while in prison and do they deserve a lesser sentence of 50 years to life.
This new sentence would make them eligible for parole under California’s youthful offender law because they committed the crime under the age of 26.
Defense attorney, Mark Geragos, said in April he may ask the judge to reduce their charges to manslaughter, potentially allowing them to be immediately released.
New LA County DA changed the course
Tuesday 13 May 2025 16:55 , Andrea CavallierNewly-elected district attorney Nathan Hochman reversed course from Gascón and opposed the brothers’ resentencing. His office has said it does not believe that the brothers were sexually abused by their father.
Citing the forensic psychologist’s analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behavior.
It came to the conclusion that they were “moderately more likely” than others to engage in violence in the community, Hochman said.
Prosecutors have attempted to withdraw the resentencing petition twice, but Los Angeles County Superior Court Judge Michael Jesic ruled both times that the resentencing hearings could continue.
Previous LA County DA opened door to possible freedom
Tuesday 13 May 2025 16:40 , Andrea CavallierFormer LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences.
His office said the case would’ve been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers’ rehabilitation over three decades in prison.
A resentencing petition laid out by Gascón focuses on the brothers’ accomplishments and rehabilitation. The brothers’ attorneys say their clients have worked hard to better themselves and give back to the prison community.
The extended Menendez family, with the exception of an uncle who died in March, has said they fully forgive the brothers for what they did and want them to be freed.
How long will the sentencing hearing last?
Tuesday 13 May 2025 16:15 , Andrea CavallierThe Menendez brothers’ sentencing hearing is set to begin today at 9:30 a.m. in Los Angeles, California.
The hearing is expected to last two days if there are no delays.
It’s unclear when exactly the judge will issue a decision.
The twisted truth behind Monsters: The Lyle and Erik Menendez Story may set brothers free after 35 years
Tuesday 13 May 2025 16:00On August 20, 1989, José and Kitty Menéndez were watching TV in the den of their Beverly Hills mansion when their two sons, Lyle and Erik, entered the room carrying 12-gauge shotguns and shot them dead.
Now, 35 years on, the notorious murders are the subject of a new Ryan Murphy drama on Netflix, titled Monsters: The Lyle and Erik Menendez Story — and this time, the “monsters” might just be the victims.
Read more:
The twisted truth behind Monsters: The Lyle and Erik Menendez Story
A timeline of the Menendez brothers' double-murder case
Tuesday 13 May 2025 15:33 , Andrea CavallierErik and Lyle Menendez have spent nearly 30 years in prison for the double murder of their parents.
But now they face a chance at freedom.
Here’s a look at their case over the last three decades:
Menendez brothers' resentencing hearing begins today
Tuesday 13 May 2025 15:22 , Andrea CavallierAfter months of delays, a resentencing hearing for Erik and Lyle Menendez is set to begin today in Los Angeles.
The brothers will appear in Los Angeles court at 9:30 a.m. local time, for the hearing.
A judge will hear arguments from both sides and then will decide whether the brothers should get a chance at freedom after serving nearly 30 years in prison for murdering their parents in 1989.
Follow along for live updates from The Independent.
