() –Nearly 30 years after being sentenced to life in prison for the murder of their parents, Lyle and Erik Menendez are scheduled to appear in court Monday, the latest step in their bid for freedom after the Los Angeles District Attorney Ángeles will recommend that the sentence be reconsidered.
The brothers, currently incarcerated in California, can appear virtually or in person for the status hearing, scheduled to begin at 10:30 a.m. Eastern Time. Judge Michael Jesic has the discretion to determine whether they will appear in person.
The two men were last seen in public in 1996 during the second trial for the murder of their parents. After the first ended with two hung juries, they were convicted in a second trial and sentenced to life in prison without the possibility of parole.
The judge has imposed strict restrictions in the courtroom for Monday’s hearing: No cameras are allowed in court and all cell phones will be placed in sealed bags.
Sixteen court seats are offered to the public through a lottery in the hours before the hearing, according to a press release from the Los Angeles Superior Court.
Throughout their two trials, the brothers have not disputed that they killed their parents. Instead, they argued that they did it in self-defense after suffering years of sexual, emotional and physical abuse. Meanwhile, prosecutors argued that the murders were premeditated, committed to obtain their parents’ multimillion-dollar inheritance. The push to reexamine the case began in 2023, when a Peacock docuseries featured another alleged victim saying she was raped by José Menéndez, the brothers’ father. Attorneys for the Menendez brothers filed a habeas corpus petition asking the court to reconsider the conviction and sentence in light of new evidence from the other alleged victim and a letter Erik wrote about the abuse before the murders.
In October, Los Angeles District Attorney George Gascón filed a motion recommending a judge reconsider the brothers’ sentence, which could allow them to be released immediately.
“Not only have they worked on their own self-improvement, but they have done a lot of work to improve the lives of those around them, which is unusual,” Gascón, who has since lost his re-election bid to Nathan Hochman, told . “I think they have served enough time.”
The decades-long legal proceedings originate in 1989, when José Menéndez, an RCA Records executive, and his wife Kitty Menéndez, were shot to death multiple times in their Beverly Hills home. Lyle was 21 years old and Erik was 18 years old. Lyle called 911 and said, “Someone killed my parents.”
The two men were arrested in March 1990 and charged with first-degree murder. Both went to trial in 1993, each with a separate jury. The proceedings were broadcast on Court TV.
The brothers’ defense attorneys argued that the brothers feared for their lives after experiencing years of abuse, especially at the hands of their father. Both defendants testified about the abuse they experienced and said their father had threatened to kill them if they did not keep it a secret. Meanwhile, prosecutors argued that the murders were planned in advance and that the brothers were seeking financial gain. Both juries were hung and could not reach a verdict.
In 1995, the brothers’ new trial began, this time with a single jury and no camera in the courtroom. Much of the defense evidence about sexual abuse was excluded, according to defense attorneys. Both brothers were convicted of first-degree murder and sentenced to life in prison without the possibility of parole.
Since then, the two men have been “model prisoners, by all accounts,” Gascón said in an interview with in October. The brothers have participated in victim impact programs, workshops and events, and have created multiple programs to help those “in need around them,” according to Gascón’s sentencing redistribution motion.
After not seeing each other for decades, the brothers were reunited in 2018, when Lyle was moved to the same San Diego prison housing unit as Erik.
A Peacock docuseries, “Menéndez + Menudo: Boys Betrayed,” was released in 2023, prompting calls to review the brothers’ sentences. The series presents the story of Roy Rosselló, a former member of the band Menudo, who claims that he was raped by José Menéndez – then head of RCA Records – in the mid-80s, when he was 13 or 14 years old.
The Menéndez brothers filed a habeas corpus petition shortly after the docuseries’ release, citing Rosselló’s allegations, as well as a letter from Erik Menéndez to his cousin that they say references abuse. “I never know when it’s going to happen and it’s driving me crazy. Every night I stay awake thinking I might get in,” Erik wrote in the 1988 letter. The letter, discovered in 2018, was not presented in either trial, the petition says.
In October, Gascón recommended that the brothers be resentencing, saying he supports resentencing the brothers to life in prison with the possibility of early release – which would normally mean 50 years to life in prison. But because the crimes occurred when the brothers were under 26, under California law, they would be eligible for juvenile early release.
The district attorney said in October that changing attitudes about sexual abuse and trauma have changed public perception of the case.
“There’s no question that a jury today would probably look at this case very differently than a jury did 35 years ago,” he told .
The case has also received new attention due to a television series, “Monsters: The Lyle and Erik Menendez Story.” Erik Menéndez has criticized the series’ portrayal of the brothers as “dishonest” and “demoralizing.”
Netflix also released a documentary about the Menendez case last month, in which both men discuss what led to the murders.
Gascón’s failed re-election attempt has generated some uncertainty about the fate of the Menéndez brothers. Nathan Hochman, LA’s next district attorney and a former federal prosecutor who campaigned on a tougher-on-crime stance, will take office in early December. Hochman said he needs time to review confidential prison records, trial transcripts and extensive evidence, as well as consult with prosecutors, defenders and victims’ families.
“Before I can make any decisions about the Menendez brothers’ case, I will need to become thoroughly familiar with the relevant facts, evidence and the law,” Hochman said in a statement. In an interview, Hochman said he would act as “quickly” as possible to review the case.
“If I ask for a delay, it will not be a delay for the sake of delay since I believe that the Menéndez brothers, the victims’ families and the public deserve a decision to be made as soon as it can be done exhaustively,” he told him. Hochman told .
A resentencing hearing has been scheduled for December 11.
There are other ways the brothers could be released. Gascón also wrote letters to Gov. Gavin Newsom supporting the brothers in a clemency bid, which could free the brothers immediately. But Newsom has delayed any clemency decision until Hochman reviews the case, according to a statement from his office.
‘s Eric Levenson, Cindy Von Quednow, Dalia Faheid and Taylor Romine contributed to this report.
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