(LOS ANGELES) — Erik and Lyle Menendez have been resentenced to 50 years to life in prison, which makes them immediately eligible for parole — a vindication years in the making for the brothers and their family.
But that doesn’t mean an automatic release from prison.
Here’s a look at what’s next:
The new sentence
Erik and Lyle Menendez, who were arrested in March 1990, were initially sentenced to life without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez. The brothers said they committed the murders in self-defense after years of abuse by their father.
At the conclusion of Tuesday’s resentencing hearing, Judge Michael Jesic granted them a new sentence of 50 years to life in prison, which follows the recommendation made in October by then-Los Angeles County District Attorney George Gascón.
Gascón recommended the brothers’ sentences of life without parole be removed, and said they should instead be sentenced for murder, which is 50 years to life. Because both brothers were under 26 at the time of the crimes, they’re eligible for parole immediately under California law.
Gascón’s office said its resentencing recommendations took into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the brothers’ conduct in prison, saying they rehabilitated themselves and started programs to help other inmates.
In November, Gascón lost his reelection bid to Nathan Hochman, who in March filed a motion to withdraw the resentencing petition, calling the brothers’ claims of self-defense part of a litany of “lies.” The judge denied Hochman’s request.
The brothers, who appeared via video at Tuesday’s hearing, addressed the judge directly.
“I killed my mom and dad,” Lyle Menendez told the judge. “I give no excuses.”
He also admitted to committing perjury by lying in court in the ’90s. He apologized to his family for years of lies and the shock and grief of the crimes.
“I committed an atrocious act,” Erik Menendez told the judge. “My actions were criminal, selfish and cowardly. … No excuse.”
He admitted to lying for years and apologized.
What’s next — resentencing case
It could take months before Erik and Lyle Menendez are assigned a parole date for the resentencing case. They are eligible for that parole date right away, as inmates with a sentence of 25 years-to-life or longer can get their hearing during the 25th year of incarceration, according to the California Department of Corrections and Rehabilitation.
The brothers will likely each have their own individual hearings in front of a three-member parole board at the Richard J. Donovan Correctional Facility, the San Diego prison where they’re both housed, according to ABC News legal analyst Matt Murphy.
Murphy said the California Board of Parole’s newly completed risk assessment — which was conducted as a part of the brothers’ separate clemency path — does raise serious red flags that the parole board will take under consideration.
The risk assessment concluded that Erik and Lyle Menendez pose a moderate risk to the community if they’re released, noting that the brothers didn’t follow rules in prison so there’s a likelihood they won’t follow the law outside of prison.
The assessment revealed the brothers possessed illegal cellphones. 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.
“Cellphones are very dangerous in prison because they can be used to commit crime — they can be used to put hits on people, they can be used to intimidate witnesses,” Murphy explained.
For most prisoners, being caught with a cellphone is enough to be denied parole, Murphy said.
Erik Menendez also allegedly bought and traded drugs and allegedly helped inmates commit tax fraud years ago, according to the assessment.
“Simply because they’re eligible does not mean they’ll be released,” Murphy said. “A majority of life prisoners serving time for murder with parole dates are not released if they’ve had problems in prison.”
The parole board is also likely to weigh if the brothers have taken full responsibility, Murphy said.
The brothers admitted to the crime and admitted to lies in court Tuesday, and their family said they’ve “apologized to all of us” and “spent the last 35 years becoming better men worthy of a second chance.” But the DA insists that they’ve still “failed to come clean with the full extent of their criminal conduct, their cover-up, their lies and their deceit.”
The psychologists also found Lyle Menendez to be narcissistic. The brothers will undergo further psychological evaluations beyond the risk assessment, Murphy said.
If granted parole, they’d be eligible for release immediately after the decision is finalized, which takes about five months, according to the California Department of Corrections and Rehabilitation. If parole is denied, the denial could be for either three, five, seven, 10 or 15 years, according to the department.
What’s next — clemency case
In the meantime, the brothers have a special parole hearing on June 13 regarding their bid for clemency from California Gov. Gavin Newsom. As they did Tuesday, the brothers are expected to appear via video from prison.
The clemency path is separate from the resentencing path. The brothers’ defense team submitted the request for clemency in October 2024 and Newsom can grant clemency at any time.
After the June 13 hearing, Newsom will “submit that report to the judge for the resentencing, and that will weigh into our independent analysis of whether or not to move forward with the clemency application to support a commutation of this case,” the governor said in March on his “This is Gavin Newsom” podcast.
The bigger picture
In an exclusive statement to ABC News hours after the resentencing decision, Erik Menendez said he hopes his case can serve as “one step on the path of widespread justice reform that will give us and so many hopeless souls in prison the continued hope to earn personal redemption.”
“My goal is to ensure there are no more people spending 35 years in prison without hope,” he said. “That possibility of having hope that rehabilitation works is more important than anything that happened to me today.”
The brothers’ attorney, Mark Geragos, agreed, saying their case “encourages people who are incarcerated to make the right decisions, to take the right path.”
But Murphy said he’s concerned the brothers’ win on Tuesday shows the success of victim-blaming.
The brothers have “continued to insist that they believe that Kitty Menendez posed a threat of imminent death or great bodily harm to them, which was rejected by every single appellate court,” Murphy said. Now Murphy predicts “every lifer in the state of California is going to ask for their resentencing.”
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