LOS ANGELES (AP) — Erik and Lyle Menéndez will have a new chance at liberty after spending 35 years behind bars for the murders of their parents, a judge ruled on Tuesday.
Los Angeles County Superior Court Judge Michael Jesic reduced the brothers’ sentences, who were initially convicted of life without the possibility of parole, to 50 years to life. They are now eligible for parole under California’s Juvenile Offender Law because they committed the crime before turning 26.
The state parole board still must decide whether they will be released
“I’m not saying they should be released; it’s not for me to decide,” Jesic said. “I think they’ve done enough in the past 35 years to deserve that opportunity.”
The brothers showed little emotion for most of the testimony — they appeared via a live link — but they shared a laugh when one of their cousins, Diane Hernández, told the court that Erik Menéndez earned excellent grades in all of his classes during his most recent semester at university.
A Los Angeles judge is presiding over the hearing before deciding whether they should be freed for the double murder of their parents. He said on Tuesday that prosecutors must show that, if released, the brothers still pose a risk of committing another violent crime.
If he reduces their sentences, the brothers would still need approval from the state’s parole board to leave prison. They could then be released on time served.
In 1996 they were sentenced to life without the possibility of parole for killing their father, José Menéndez, and their mother, Kitty Menéndez, at their Beverly Hills home in 1989. At the time, the brothers were 18 and 21 years old. While defense attorneys argued the brothers acted in self-defense after enduring years of sexual abuse by their father, prosecutors argued the brothers killed their parents to obtain a multimillion-dollar inheritance.
The case has drawn public attention for decades, and last year, the Netflix series “Monsters: The Lyle and Erik Menéndez Story” and the documentary “The Menendez Brothers” brought renewed focus to the matter. Supporters of the brothers across the country have taken part in rallies and hearings in recent months.
The hearing begins with testimony from a family member
The first defense witness was Anamaría Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed remorse for their actions.
“All of us, on both sides of the family, believe that 35 years is enough,” Baralt emphasized. “They have been universally forgiven by our family.”
Another cousin, Tamara Goodell, said she recently took her 13-year-old son to meet the brothers in prison, and she believed they would contribute greatly to the world if released.
Hernández, who also testified during the first trial against Erik and Lyle, spoke about the abuse she witnessed in the Menéndez home when she lived with them and about the so‑called “hallway rule.”
“When José was with one of the boys… you couldn’t even go upstairs to be on the same floor,” Hernández said, describing her father.
The judge will decide on a reduced sentence
The brothers’ lawyers must show they have rehabilitated in prison and deserve a reduced sentence from 50 years to life. That would make them eligible for parole under the California Juvenile Offender Law, given that they committed the crime before turning 26.
Their defense attorney, Mark Geragos, said outside the courtroom on Tuesday that he wants the judge to reduce the charges to voluntary manslaughter and grant a time-served sentence so they can be released immediately.
At least seven family members are expected to testify during the hearings.
Los Angeles County prosecutors argued against a new sentence. They contend that the brothers have not fully taken responsibility for the crime.
Geragos emphasized that the aim of the new sentence is to “foster rehabilitation.”
“That’s the law,” Geragos said, “not to reopen the facts of the crime as the prosecutor wants.”
The former district attorney and the family support the new sentence
The former Los Angeles County district attorney, George Gascón, had opened the door to possible freedom for the brothers toward the end of last year when he asked a judge to reduce their sentences. His office said the case would be handled differently today given what is understood about sexual abuse and trauma, as well as the brothers’ rehabilitation during three decades in prison.
Gascón’s request for a new sentence centered on the brothers’ achievements and rehabilitation. Since their conviction, the brothers have earned an education, participated in self‑help classes, and started several support groups for other inmates.
A former judge who has described himself as having a tough stance on crime, Jonathan Colby, told the court he was impressed by the programs the brothers started from prison to provide aid and care to elderly and disabled inmates. He said he came to know them through a series of prison visits.
“I don’t know many prisoners like Erik and Lyle who care so much for the elderly,” Colby noted.
A former inmate, Anerae Brown, cried as he testified about how the brothers helped him heal and steer toward rehabilitation, which led to his own release from prison. Brown spoke of programs that began as the “Menendez University.”
“Now I have kids,” he said. “Without Lyle and Erik, I might still be out there making stupid choices.”
The new Los Angeles district attorney has shifted course
Current district attorney Nathan Hochman said on Tuesday that he believes the brothers are not ready for a new sentence because “they have not been honest” about their crimes. His office has also said that they do not believe the abuse claims.
“Our position is not ‘no,’ not ‘never,’ it is ‘not yet,’” Hochman said. “They have not fully accepted responsibility for all of their criminal conduct.”
Recently, prosecutors cited the analysis of a forensic psychologist who said the brothers recently violated prison rules by introducing contraband cellphones, a point Hochman argued demonstrated an inability to regulate their own behavior. He concluded that they were “moderately more likely” than others to engage in violent acts within the community, Hochman said.
Hochman’s office twice sought to withdraw the request for a new sentence, but Jesic rejected both attempts. He could rule on the new sentence from the bench or issue a written ruling at a later date.
