Menendez brothers resentenced: Pair eligible for parole

A Los Angeles judge has reduced the sentence of Erik and Lyle Menendez, who are serving life in prison for the 1989 murders of their parents in a Beverly Hills mansion, making them eligible for parole.

The brothers were given a new sentence of 50 years to life, and a decision on their potential release will be made by the state parole board.

The district attorney’s office argued vehemently against a lower sentence, saying they brothers were not rehabilitated. The Menendezes claimed they killed Kitty and Jose Menendez out of self-defence after years of sexual abuse.

The case, which has prompted books and documentaries, still divides many Americans.

After the judge agreed to resentence them on Tuesday afternoon, the brothers delivered an emotional statement to the court.

They went through grim details of the brutal killings and their decision to reload and keep shooting their parents at point-blank range in the living room of their home. The siblings were aged 18 and 21 at the time.

“I had to stop being selfish and immature to really understand what my parents went though in those last moments,” Erik Menendez told the court.

He described the “shock, confusion and betrayal” they must have felt seeing their sons holding guns and opening fire.

Both apologised for their actions and talked about their hopes to work with sex abuse victims and help those incarcerated if they were given a second chance outside prison.

Lyle Menendez’s voice cracked as he talked about the impact of his “unfathomable” actions on their family.

“I lied to you and forced you into a spotlight of public humiliation,” he said to his family.

Much of the hearing centred on what the brothers have been doing in prison for the last 30 years.

Family members and those who worked with them in prison detailed the educational courses they had completed and programmes they had created to improve the lives of inmates, including a hospice initiative for the elderly and sick.

Judge Michael Jesic called the brothers’ work while in prison “remarkable”, but noted their original sentences were justified at the time.

He said under the guidelines, they were eligible for resentencing, issuing his new sentence of 50 years to life. The brothers have already served more than 30 years in prison.

In response to the decision, Los Angeles County District Attorney Nathan Hochman said the high-profile nature of the case meant it “must be viewed with a critical eye”.

“Our opposition and analysis ensured that the Court received a complete and accurate record of the facts.”

As the judge continued reading, the brothers smiled and waved to their attorneys and family members who crowded into the courtroom. Family members embraced with smiles.

“Today is a great day,” the brothers’ attorney Mark Geragos told reporters outside court. He said they were “one huge step closer to bringing the boys home”.

Anamaria Baralt, the brothers’ cousin who testified inside court earlier in the day, said their family was elated but noted they still had a road ahead of them.

“It is a difficult process,” she said of the parole hearing that awaits the brothers, but noted they will “eagerly step through those doors if it means we can have them home”.

Inside court earlier, relatives pleaded with the judge to allow the siblings’ release.

Ms Baralt, who said she has been close with them since they were children, told the judge they deserved a “second chance at life”.

“It’s been a nightmare,” she said. “I am desperate for this process to be over.”

Ms Baralt told the court she speaks with the brothers frequently and testified that they had taken “ownership of their actions”.

She said Lyle Menendez had acknowledged to her he had asked a witness to lie when testifying at their previous trial.

But she added: “They are very different men from the boys they were.”

The judge also heard from a retired Florida judge – who said he has never testified on behalf of any criminal defendant – and Anerae “X-Raided” Brown, a rapper who was in prison with both brothers and credits their help for his release.

The district attorney’s office, which fiercely opposes the brothers being released, questioned each witness about Erik and Lyle Menendez’s “litany of lies” they have clung to since the murders.

Prosecutors said they lied to law enforcement immediately after the crimes, lied to family members about their guilt and gave false evidence at their trials.

Prosecutors have said the brothers have continued to “make excuses” for their conduct instead of taking full responsibility.

“There’s no doubt they’ve done all these positive things in prison,” Deputy District Attorney Habib Balian said in his closing argument.

But, he added, when reversing a jury’s unanimous verdict in such a brutal murder case, it’s important to “make certain they are truly rehabilitated”.

The case was thrust back into the spotlight after a new Netflix drama, Monsters: The Lyle and Erik Menendez Story, as well as the release of docudrama, The Menendez Brothers.

It 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. The previous district attorney, George Gascón, backed their resentencing bid, allowing the effort to go before a judge.

The next step for the brothers will be the California parole board.

The board has already been vetting the siblings after a request by Governor Gavin Newsom. The governor is separately weighing a request from the brothers for clemency, which could take the form of a reduced sentence or a pardon – if approved.

A risk assessment has been completed on the brothers as part of their request for clemency. The district attorney said it indicated a “moderate risk of violence”. However, the full report has not been released.

Newsom asked the parole board to conduct a risk assessment, which has already been drafted, that examines whether they pose a risk to the general public if released.

The state’s parole board is set to conduct a separate hearing on 13 June for the brothers.

It’s unclear what could come at the hearing, or if there might be multiple hearings vetting their potential release.