Three possible paths to freedom: What’s next for the Menendez brothers?
Sam Granville and Christal Hayes
BBC News
Reporting fromLos Angeles, California
Menendez brothers: Murder case that has divided America takes new turn
After 35 years behind bars, Lyle and Erik Menendez are closer than ever to a potential second chance at freedom.
The brothers, who were convicted of killing their parents, José and Kitty Menendez, in 1989, have long maintained that the murders in their Beverly Hills mansion were driven by years of sexual and physical abuse, rather than hopes of inheriting their fortune.
They are currently serving life in prison without the possibility of parole in California.
A mix of new evidence and public interest has thrown the case, one that has both gripped and divided the nation for decades, upside down.
It’s all reached a pivotal moment.
A resentencing hearing is set in March, which could lead to their sentences being reduced – or even their freedom. Separately, California Gov Gavin Newsom has ordered the state’s parole board to conduct a risk assessment, a key step toward possible clemency, which could take form in a reduced sentence or a pardon.
The movement in the historic criminal case is significant, but not everyone is happy at the prospect of them potentially walking free.
There are three possible routes the brothers have been trekking in hopes of gaining their freedom.
1. Clemency from the Governor of California
Clemency could mean a reduced sentence or even a pardon, but it would not overturn the brother’s convictions.
California Gov. Gavin Newsom has ordered the parole board to conduct a risk assessment to determine if the brothers pose a danger to society. Depending on the results, the governor could grant clemency, commuting their sentences to make them eligible for parole or even releasing them outright.
The probe will examine the factors behind their crimes and their rehabilitation while in prison. It marks the first step in a broader process that could lead to clemency.
2. A new trial
The brothers’ defence attorneys have also asked for a new trial.
They pointed to new evidence about the alleged sexual abuse by their father and argued jurors should be able to consider a lesser sentence, such as manslaughter.
But newly elected Los Angeles County District Attorney Nathan Hochman said his office will oppose the request.
3. Resentencing
The last avenue is likely the most significant. The brothers are being vetted for resentencing, a legal process that could reduce their life sentences and grant them eligibility for parole.
A hearing is scheduled for 20 March and 21 March to discuss this possibility.
This effort centres on whether the brothers have rehabilitated after 35 years in prison and whether recent changes in California law apply to their case.
In October 2024, then-LA County District Attorney George Gascón recommended resentencing for the brothers, citing California’s evolving approach to juvenile offenders and abuse survivors.
Shortly after the announcement, he lost a re-election campaign. The decision now rests with current DA Nathan Hochman, who was elected in November, and is examining the case before making a decision on whether to back the effort in court.
One key argument for resentencing stems from a change in California law that allows offenders who were under the age of 26 at the time of their crime to be sentenced as minors rather than adults.
Since Lyle was 21 and Erik was 18 when they killed their parents, their defence attorneys argue that this law should apply to them. If they had been sentenced under today’s legal framework, they might have received lighter sentences or had the possibility of parole from the beginning, their attorneys argue.
Why is this happening – 35 years after the killings?
Watch: LA prosecutor recommends resentencing Menendez brothers
Neama Rahmani, a criminal defence attorney and former federal prosecutor, told the BBC that a “perfect storm of PR and politics” has led to the Menendez brothers having a real shot at freedom.
He noted the recent attention the case has gotten from celebrities, a Netflix drama and docuseries on the case, and an “embattled” district attorney who was vying to remain in office.
“You’re never going to see another case like this. It’s a unicorn.”
The Menendez brothers filed a motion in May 2023 detailing new evidence in their case they claim shows they were victims of childhood sexual abuse by their father, Jose Menendez, and requested their convictions be vacated.
Top LA prosecutor backs Menendez brothers being released on paroleNotorious Menendez brothers murder case to be reviewedThis includes an allegation of rape from a former member of Menudo, Roy Rosselló, and a letter Erik Menendez wrote to a cousin eight months before the murders, which detailed the alleged abuse.
Gascón, who was the top prosecutor in LA at the time, announced just 12 days before a tough re-election in November 2024 that he would back the resentencing request. He has denied the announcement was political and argued it was a long-time coming.
Gascón lost his re-election bid and was replaced by voters with the more moderate Hochman, whose view of the case remains unclear.
The decision also came amid renewed attention in the case spurred by a new Netflix drama, Monsters: The Lyle and Erik Menendez Story as well as the release of docudrama, The Menendez Brothers.
The series introduced the case to a new generation and garnered attention from celebrities – including Kim Kardashian and Rosie O’Donnell – who called for the brothers to be released.
What is the controversy around Netflix’s Menendez drama?Prosecutors claim retaliation by new LA DA over Menendez brothers supportWhat has the Menendez family been saying?
More than two dozen members of the Menendez family have issued public pleas for Erik and Lyle to be released.
Those family members alleged the boys endured horrific sexual abuse at the hands of their father and are not a threat to society.
Kitty Menendez’s sister, Joan Anderson VanderMolen, argued “the whole world wasn’t ready to believe that the boys could be raped, or that young men could be victims of sexual violence”.
She said that now “we know better” and “a jury today would never deliver such a harsh sentence”.
But the family isn’t in total agreement.
A lawyer for Kitty Menendez’s brother, Milton Andersen, has called the brothers “cold-blooded” and said their “actions shattered their family and left a trail of grief that has persisted for decades.”
“Jose was shot six times, and Kitty was shot ten times, including a shot to her face after Erik reloaded.”
Mr Andersen believes his nephews should stay in prison for their “heinous act”, according to his lawyer, Kathy Cady.
Family of Menendez brothers call for their release in killing of parentsWhy did the Menendez brothers kill their parents?
Motive has long been at the heart of this case.
During their trials, prosecutors painted the brothers as spoiled rich kids who killed their wealthy parents in their Beverly Hills mansion so they could access a $14m (£10.7m) fortune.
They argued the duo methodically bought shotguns and fatally shot their parents a total of 13 times as the couple watched TV. They then went gambling, to parties and on shopping sprees, buying things like Rolex watches.
Who is the Menendez family, at centre of US murder case?It was ultimately a confession to a psychologist that helped lead to their arrest when the girlfriend of their doctor reported it to authorities.
The brothers ultimately admitted to the killings – but argued they acted out of self-defence after years of emotional, physical and sexual abuse.
They told the court they feared their parents would kill them if they didn’t act first. Lyle and Erik testified they confronted their parents about the sexual abuse and things had become combative in their household and they believed their parents were planning to kill them.
Family members testified about the abuse they witnessed – but none said they saw sexual abuse first-hand.
Their life in prison
Both brothers married while serving life sentences without the possibility of parole.
Lyle Menendez has been married twice. In 1996, he wed Anna Eriksson, a former model, after they developed a relationship through letters. Their marriage ended in divorce in 2001.
Two years later, in 2003, he married Rebecca Sneed, a magazine editor. Sneed has remained out of the public eye but has maintained her commitment despite the challenges of prison life.
Erik Menendez also found love behind bars. In 1999, he married Tammi Saccoman after a pen-pal romance developed into a deeper connection.
In 2005, she published a memoir, They Said We’d Never Make It, chronicling their unconventional marriage and the difficulties of loving someone serving a life sentence. She has described their relationship as “fulfilling and deeply emotional,” despite never being able to share a traditional life together.
Court records also detail more about their lives behind bars.
A motion filed in support of their resentencing bid details they both received educational degrees. It also details various programmes they launched behind bars that aimed to help other inmates, including those who were victims of childhood trauma and disabled or elderly inmates.
All of this was done, the report notes, “without any expectation or hope of ever being released”.
