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Erik Menendez, Lyle Menendez© Netflix

Is the Menendez brothers' prison release in the cards? All we know after long-awaited resentencing

Erik and Lyle Menendez are now immediately eligible for parole 

Beatriz Colon
Beatriz Colon - New York
New York WriterNew York
May 14, 2025
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The Mendendez brothers have had a path to freedom opened up for the first time in almost 40 years.

It has been 35 years since the murder of their parents, José and Kitty Menendez, 34 since they have been in prison, and 28 since they were sentenced to life in prison without the possibility of parole.

However, following renewed, far more sympathetic attention on their case, especially after last year's Ryan Murphy Netflix series and a documentary, the brothers have been offered a possible second chance.

Menendez brothers, Erik, left, and Lyle on the steps of their Beverly Hills home in November, 1989© Getty
Erik, left, and Lyle on the steps of their Beverly Hills home in November, 1989

The latest

On Tuesday, Lyle and Erik were sentenced to life in prison, however this time, with the possibility of parole. 

The decision was made by Judge Michael V. Jesic of Los Angeles Superior Court, and came after a day of testimony by family members, who said the brothers had turned their lives around inside prison through education and self-help groups.

Much of the Menendez family has long been in support of the brothers' possible release, highlighting not only their rehabilitation but the lesser recognized — until now — circumstances that led to the killing of their parents, which they take full responsibility for, including sexual and emotional abuse at the hands of their father.

Erik Menendez (L) and his brother Lyle (R) listen during a pre-trial hearing, on December 29, 1992 in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez of Beverly Hills, Calif© Getty
The brothers had two trials, the firts of which ended in a mistrial

Though the judge maintained the 1989 murder was an "absolutely horrific crime," he also expressed surprise at the number of corrections officials who wrote letters on behalf of the brothers, who were 18 and 21 at the time of the murder, supporting the resentencing and possible release.

"I do believe they have done enough over the last 35 years to get that chance," he added, per the New York Times.

Brothers Erik and Lyle Menendez are serving life terms for the 1989 shotgun murders of their parents. Erik is pictured above in an August 2002 California Department of Corrections mug shot. His older brother Lyle (whose given name is Joseph) is seen in a July 2003 shot taken at the Mule Creek State Prison© Getty
2002 and 2003 mug shots for the brothers, who were reunited in 2018 after 22 years apart

What's next

The brothers' possible release is now in the hands of California Governor Gavin Newsom and state parole-board officials.

As of yesterday's resentencing, they are immediately eligible for parole, and are currently scheduled to appear before the state parole-board on June 13, as part of the governor's consideration of clemency, however that's a separate process that has developed parallel to the resentencing. 

Erik Menendez and his wife Tammi Menendez in a photo shared by the latter on Instagram© Instagram
Erik with his wife Tammi

It remains unclear whether the June hearing will address both the resentencing and clemency request, however a spokesperson for Newsom said his office was reviewing the judge's decision and determining next steps.

Speaking out

The brothers appeared during the resentencing hearing via video, again expressing their deep shame and remorse for the killing of their parents. Anamaria Baralt, a cousin of the brothers who testified on Tuesday, said outside of the courthouse: "I have been crying all day long. These are tears of joy, for sure."

Recommended videoYou may also likeWATCH: Netflix’s MONSTERS: The Lyle and Erik Menendez Story trailer

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