Menendez brothers to be evaluated by parole board for release after 30 years in prison

This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Department of Corrections via AP, File)

LOS ANGELES — The Menendez brothers are set to 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. They were 18 and 21 at the time. While defence attorneys argued the brothers acted out of self-defence after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.

The brothers 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 for parole under California law because they were under the ages of 26 when they committed their crimes.

A panel or two or three parole hearing officers from a board of commissioners appointed by the governor will evaluate the brothers individually. Erik Menendez will have his hearing Thursday morning, followed by Lyle Menendez on Friday, over videoconference from the Richard J. Donovan Correctional Facility in San Diego.

The board will assess whether the brothers pose an “unreasonable risk of danger to society” if released, considering factors like criminal history, motivation for the crime and signs of remorse, behaviour while in prison and plans for the future, according to the California Department of Corrections and Rehabilitation.

Even if the board grants their parole, it could still be months before the brothers walk free — if at all. 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. Only then, if Newsom affirms the parole, would the Menendez brothers be able to leave prison.

Newsom had previously ordered the state parole board to conduct a risk assessment of the brothers in response to a clemency request. At the time, he emphasized that the key question was whether the brothers posed an “unreasonable risk to public safety.”

He noted at a May news conference that he has both approved and rejected decisions by the parole board before and that he was the “ultimate arbiter.”

The brothers’ lawyer, Mark Geragos, sought release last month for Erik Menendez after he was hospitalized for a “serious medical condition.” He has since returned to prison.

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 the documentary “The Menendez Brothers,” both released in 2024, have been credited for bringing new attention to the brothers.

In the last year, weigh-in from celebrities such as Kim Kardashian and a greater recognition of the brothers as victims of sexual abuse has helped amass a legion of supporters who have called for their release. Some have flown to Los Angeles over the past few months, holding rallies and attending court hearings as the brothers’ attorneys pushed for their resentencing.

The previous L.A. County district attorney, George Gascón, first opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for fellow people in prison, his office said in a petition.

The judge’s decision to ultimately resentence the brothers followed months of pushback from current prosecutors, who argued the brothers hadn’t taken adequate responsibility for their crimes.

The Menendez brothers still have a pending habeas corpus petition filed in May 2023 seeking a review of their convictions based on new evidence supporting their claims of sexual abuse by their father. Last month, a different judge ordered Los Angeles prosecutors to explain why their case shouldn’t be reexamined.

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.

Jaimie Ding, The Associated Press