A California judge resentenced Erik and LyleMenendez, who have spent nearly three decades in prison for the murders of their parents in their Beverly Hills home, to be eligible for parole.
Judge Michael Jesic shortens the brothers’ sentences of life in prison without the possibility of parole to 50 years to life. They would still need approval from the state’s parole board to be released.
The ruling capped a day-long hearing in which several relatives, a retired judge and a former fellow prisoner testified in support of defense efforts to shorten the brothers’ sentence to time already served, or at least gaining their eligibility for parole.
Their lawyers say they are immediately eligible for parole, however they will remain incarcerated while their parole status is decided.
Erik and Lyle Menendez, now 54 and 57 years old, were found guilty of first-degree murder in the killings of José and Kitty Menendez in 1989 andsentencedto life in prison without parole. They appeared at the proceedings in Los Angeles county superior court via live feed from a prison in San Diego.
Their defense attorneys said the brothers feared their parents were going to kill them to cover up years of sexual, psychological and physical abuse they had suffered. Prosecutors portrayed the brothers as rich young men eager for their multimillion-dollar inheritance. Over the years they repeatedly appealed their convictions without success.
Butsupport for the brothershas grown significantly in recent years. Recently their chances for releaseappeared more hopefulthan they had in decades as they sought freedom through multiple legal avenues, including by asking for a new trial in light of new evidence of their father’s abuse, a petition for clemency from the governor, and the request for resentencing.
The brothers, who were 18 and 21 at the time of the murders, have long argued their innocence and have recently sought freedom through multiple legal avenues, including asking for a new trial in light of new evidence of their father’s abuse, a petition for clemency from the governor, and a request for resentencing. Their resentencing hearings have beendelayedrepeatedlysince January amid the LA wildfires and disputes between the defense and prosecution.
Los Angeles county prosecutors were opposed to resentencing, saying the brothers have not taken complete responsibility for the crime.
George Gascón, the progressive former Los Angeles county district attorney, hadrecommendedthe brothers be resentenced, which would have opened the door to their release. He said he believed the brothers were “subjected to a tremendous amount” of dysfunction and molestation, and said his office would have handled the case differently due to modern understandings of sexual abuse. He also pointed to the brother’s rehabilitation during their decades behind bars. In prison, Erik and Lyle have earned college degrees and served as mentors and caregivers.
The current district attorney, Nathan Hochman, who succeeded Gascón, quickly reversed course and said he was opposed to the brothers’ resentencing. He argued the brothers have not taken full responsibility and his office has said it does not believe they were abused.
With Hochman in position as DA, prosecutors attempted twice to withdraw their office’s resentencing petition. Jesic ruled both times that the resentencing hearings could continue despite their opposition.
Dani Anguiano contributed to this report