After decades in prison, Erik and Lyle Menendez finally get parole hearings. But their fight for release may not be over

The brothers are newly eligible for release after a judge resentenced them in May, marking a stunning victory for the Menendezes and their family, who have long been fighting to overturn their original sentences of life without parole.

The brothers will face the California Board of Parole Hearings separately: Erik on Thursday and Lyle on Friday.

Even if parole is granted, their release could still depend on the final decision of California Gov. Gavin Newsom, who has the rare power to affirm, modify or deny parole for convicted murderers. His office has so far remained tight-lipped on how the governor may weigh in.

Though Erik and Lyle Menendez are inextricably linked in the public eye, the pair will have their cases considered independently. There is a possibility one brother could be granted parole while the other is denied.

This pivotal moment for the Menendez brothers follows decades of bids for new trials, resentencing and release. Their latest fight gained critical momentum in 2023 with the emergence of potential new evidence, the support of a former Los Angeles district attorney and a fervent social media movement driven by the release of a documentary and – later – a fictionalized Netflix show depicting their crime.

Los Angeles County District Attorney Nathan Hochman has vehemently opposed the brothers’ efforts, despite his predecessor’s advocacy on their behalf. Hochman’s office argued against their resentencing in May and said it will present its arguments at the parole hearings this week.

During this week’s hearings, the parole board will determine whether the brothers pose an “unreasonable risk of danger” to society if they are released, according to the California Department of Corrections and Rehabilitation. Among the factors the board will consider are their criminal history, “personal change,” behavior and activities while incarcerated and their ages when they committed the crime. Because they were 18 and 21 at the time of the killings, they are considered youth offenders under California law.

The parole board will also hear statements from the brothers, their family members, the district attorney’s office and the public, the California Department of Corrections said.

More than 20 Menendez family members, who are considered victims in this case, have formed a coalition to plead for the brothers’ release. The coalition will be present during the virtual hearings and 12 relatives will speak on the brothers’ behalf, a family spokesperson said.

“For more than 35 years, (Erik and Lyle) have shown sustained growth. They’ve taken full accountability. They express sincere remorse to our family to this day and have built a meaningful life defined by purpose and service,” the Justice for Erik and Lyle Coalition said in a statement ahead of the hearings.

The supportive family members have pointed to a long list of rehabilitative programs the brothers have founded in prison as well as society’s changed understanding of childhood sexual abuse.

Erik and Lyle Menendez admitted killing their parents, José and Kitty Menendez. But they have long maintained the crimes were committed in self-defense after enduring years of physical and sexual abuse by their father, which they say their mother knew about and chose to ignore.

 

However, Hochman has argued the brothers have not accepted full responsibility for their crime and therefore should not be freed. The district attorney accuses Erik and Lyle of lying about their motive and has previously said he believes evidence to corroborate the abuse allegations is “extremely lacking.”

The sole family member opposing their release, Kitty Menendez’s brother Milton Andersen, died earlier this year. Andersen believed his nephews were lying about their abuse allegations and said he had never forgiven them for his sister’s murder.

In the event their parole bid fails, the Menendez brothers are still pursuing other avenues to release: a clemency request to Newsom and a petition for a new trial on the basis of uncovered evidence.

Gov. Newsom’s final word

If granted parole, the brothers face a final – and potentially unpredictable – arbiter of their case: the governor.

Under a 1988 state law, Newsom holds the unusual power to approve, deny or modify parole board decisions for people convicted of murder and sentenced to an indeterminate term. He has 30 days from when the board releases its decision to make his choice.

The governor’s office did not answer CNN’s inquiry about Newsom’s potential decision.

Though Newsom has broad leeway to make his decision, court rulings over the past two decades require the governor to assess the defendant’s risk to public safety and allow him to consider whether the person demonstrated insight into their crime, said Christopher Hawthorne, clinical professor of law and director of the Juvenile Innocence & Fair Sentencing Clinic at Loyola Law School.

Newsom previously used the power to deny parole for Sirhan Sirhan, the man who assassinated US Sen. Robert F. Kennedy in 1968. The governor cited Sirhan’s “refusal to accept responsibility for his crime” and “lack of insight and accountability,” among other reasons.

Hochman, in his efforts to keep the Menendez brothers in prison, has compared their case to Sirhan’s several times, arguing the brothers have “fabricated a story of self defense” and never accepted full responsibility for their crime.

As Newsom weighs the decision, Menendez relatives will be able to express their opinions to the governor’s office through calls, letters and other documents.

What the parole board may consider

While the Menendez brothers’ parole case may benefit from the support of some corrections officials and a strong track record of rehabilitative work, the board will also review their disciplinary records and personal development while incarcerated.

Erik and Lyle Menendez are classified as low-risk prisoners, but they have a handful of rules violation reports: nine and eight reports, respectively, according to the district attorney’s office. Erik’s last report was in 2021 and Lyle’s was last year.

The brothers have been cited after cellphones were found in cells they share with other inmates, according to a resentencing motion filed last year. Erik’s citations include fighting with other inmates in 1997 and 2011. Lyle’s offenses include receiving contraband Adidas from a visitor in 1988 and possessing a lighter in 2013.

The board may also consider risk assessments that have been conducted by a forensic psychologist at Newsom’s request as part of his review of the brothers’ clemency request.

The brothers are currently housed in separate cells in a low-security yard of the RJ Donovan Correctional Facility in San Diego, which allows inmates to create and run their own rehabilitation programs – a feature the pair appear to have taken full advantage of.

Erik has helped start at least five programs, including a support group for disabled and elderly inmates. He learned American Sign Language so he could communicate with the deaf inmates he lives with, according to the resentencing motion, filed by former Los Angeles County District Attorney George Gascón. Erik is also certified to teach courses on meditation and has led workshops on addressing “toxic shame” and alternatives to violence, according to the motion.

“At one point with all the programs and classes Erik Menendez founded, Erik Menendez was (and may still be) teaching five different classes in the course of a week,” Gascón’s stated.

Lyle co-founded a group for inmates to explore how negative childhood experiences may have led to their criminal behavior, as well as a mentorship group that pairs prisoners serving life sentences with younger inmates who are eligible for release. He also co-founded and helps run Green Space, a program that plans to install trees, grass and outdoor community gathering spaces in the prison yard.

If released, the brothers have said they would continue their advocacy for prison rehabilitation and childhood abuse survivors, according to their cousin, Anamaria Baralt. Regardless of the outcome of their release, Baralt told CNN earlier this year, she believes her cousins’ work will impact the lives of those around them.

“It was a desire to make their lives worth something, and they’ve succeeded,” Baralt said of the brothers’ prison programs. “As far as I’m concerned, they are living full lives, really full lives, full of purpose and meaning.”

CNN’s Matt Friedman and Taylor Romine contributed to this report.