Lyle and Erik Menendez are back in a Los Angeles court on Tuesday for a crucial hearing that could potentially shorten their life prison sentences for the shotgun murders of their parents in their Beverly Hills home 35 years ago.
Defense lawyers are seeking a reduced sentence for the brothers, now 57 and 54, that could lead to their immediate release or make them eligible for parole consideration.
The outcome of the hearing may hinge on new defense evidence supporting the brothers’ long-standing claim that they were sexually abused by their father, a record company and entertainment industry executive.
It remains uncertain whether the defendants will be physically present for the proceedings or participate via video link from the San Diego prison where they are incarcerated, as they have done in previous hearings.
Former Los Angeles County District Attorney George Gascon petitioned for a re-sentencing last fall, citing the new evidence of sexual abuse and the brothers’ good behavior in prison. Gascon argued that the brothers had paid their debt to society and should be eligible for parole under the state’s youthful offender statute, as they were under 26 years old at the time of the murders.
However, Gascon’s successor as DA, Nathan Hochman, opposes the re-sentencing, arguing that the brothers have not fully acknowledged and accepted responsibility for the killings.
The brothers were convicted of first-degree murder in 1996 and sentenced to two consecutive life prison terms without the possibility of parole for the August 20, 1989, shooting deaths of their parents, Jose and Kitty Menendez, as the couple watched television in their family room.
The conviction followed the second of two highly publicized trials – the first ended in a hung jury – that captivated the public and highlighted the darker aspects of wealth and privilege.
Before their arrest, the brothers claimed they had returned home from the movies to find their parents murdered by intruders. At trial, they admitted to the killings but claimed they acted out of fear that their parents were about to kill them, following years of sexual abuse by their father and emotional abuse by their mother. Lyle was 21, and Erik was 18 at the time.
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Prosecutors argued that the murders were premeditated and motivated by greed, specifically the brothers’ desire to inherit their parents’ multimillion-dollar fortune.
The re-sentencing hearing, expected to last two days, could turn on new defense evidence, including a letter Erik Menendez purportedly wrote to a cousin eight months before the killings, describing sexual abuse by his father.
The defense also points to allegations by a former member of the 1980s pop band Menudo, who claimed he was abused by Jose Menendez. These allegations were highlighted in a 2023 Peacock documentary series about the case, which has also seen renewed public interest due to a nine-part Netflix drama and a documentary film released last fall.
Some members of the Menendez family support the brothers’ release, including the sisters of Jose and Kitty Menendez. However, Milton Anderson, Kitty Menendez’s brother, who recently passed away, had consistently opposed his nephews’ release and disputed the abuse claims.
Separately, Governor Gavin Newsom, who has the authority to commute their sentences, has asked the parole board to consider whether the Menendez brothers would pose a public safety risk if released.
