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LOS ANGELES: The Menendez brothers will make their cases for parole starting Thursday, marking the closest they’ve been to winning freedom from prison since their convictions almost 30 years ago for murdering their parents.
Erik and Lyle Menendez were sentenced in 1996 to life in prison for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion in 1989. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers sought a multimillion-dollar inheritance.
They became eligible for parole after a Los Angeles judge in May reduced their sentences from life in prison without the possibility of parole to 50 years to life, making them immediately eligible under California law because they were under the ages of 26 when they committed their crimes.
But even if the board grants their parole, it could be months before the brothers walk free — if at all.
A panel of parole hearing officers will evaluate the brothers individually. Erik Menendez will have his hearing Thursday morning, followed by Lyle Menendez on Friday. They will appear over videoconference from prison in San Diego.
The board will assess whether the brothers pose an “unreasonable risk of danger to society” if released, considering factors such as criminal history, motivation for the crime, signs of remorse, behavior while in prison and plans for the future, according to the California Department of Corrections and Rehabilitation.
If the board grants each brother’s parole, the chief legal counsel has 120 days to review the case. Then Democratic Gov. Gavin Newsom has 30 days to affirm or deny the parole. Newsom had previously ordered the state parole board to conduct a risk assessment of the brothers in response to a clemency request. He hasn’t said if he’s likely to support parole, but he has denied recommendations in high-profile cases in the past — most notably for Sirhan Sirhan, who assassinated presidential candidate Robert F. Kennedy in 1968.
Erik and Lyle Menendez have the support of their relatives, who are expected to deliver statements at their hearings.
“For more than 35 years, they have shown sustained growth,” their family said in a statement. “They’ve taken full accountability. They express sincere remorse to our family to this day and have built a meaningful life defined by purpose and service.”
The case has captured the attention of true crime enthusiasts for decades and spawned documentaries, television specials and dramatizations. The Netflix drama ” Monsters: The Lyle and Erik Menendez Story ” and a documentary released in 2024 have been credited for bringing new attention to the brothers. A greater recognition of the brothers as victims of sexual abuse has also helped amass a legion of supporters who seek their release. Some have flown to Los Angeles to hold rallies and attend court hearings.
The previous LA County district attorney first opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. The judge’s decision to ultimately resentence the brothers followed months of pushback from current prosecutors.
LA County District Attorney Nathan Hochman said ahead of the parole hearings that he opposes parole for the brothers because they have “not demonstrated full insight into their crimes,” comparing them to Sirhan. Newsom denied him parole in January 2022 because of his “deficient insight.”
Insight means taking full responsibility for a crime and understanding the factors that led you to commit the crime, such as anger, inability to handle stress, and substance abuse, said Michael Beckman, a lawyer specialized in parole hearings.
Erik and Lyle’s college degrees, participation in volunteer programs and support groups, and the fact that Lyle has not been in a single fight in prison are all positive factors for their release, he said.
But recent rules violations could have major consequences for the brothers. In May, Hochman revealed details from a confidential risk assessment report that said Lyle was cited for having a cellphone several times in 2024, and Erik was found with a cellphone this January.
“The board is really big on the philosophy that if you can’t follow the rules in prison, you can’t follow the rules in free society,” Beckman said. “Add to that that cellphones are one of the three big bad rules violations along with violence and substance abuse.”
Ultimately, Beckman noted that parole decisions come down to individual commissioners, who might weigh the brothers’ cases based on factors like their celebrity status or family members’ support.
The state corrections department has selected one media representative to view the proceedings virtually and share notes with the rest of the press at set intervals.