The Menendez Brothers Are One Step Closer to a Resentencing Hearing and Possibly Their Freedom

Brothers Erik and Lyle Menendez have been in prison since their initial arrest in March 1990. The case of the now infamous Menendez brothers caught the attention of an entire nation when the two wealthy boys from Beverly Hills stood trial for the murder of their parents. In August 1989, Erik and Lyle shot Jose and Kitty Menendez a total of 16 times while they were watching television. The couple was unarmed and seemingly not dangerous, but their sons told a different story.

Their defense rested largely on allegations of sexual abuse by their father, claiming the murders were committed in self-defense. After two hung juries, a third jury convicted them both. Since then, newly discovered evidence supporting the brothers' abuse claims prompted their attorneys to file a habeas corpus. This allows them to challenge their imprisonment in court.

Here's what we know about the Menendez brothers' possible resentencing.

On Oct. 3, 2024, former Los Angeles County District Attorney George Gascón announced his office was reviewing the new evidence included in the habeas corpus. Three weeks later, in a press conference held on Oct. 24, Gascón said he was going to recommend that Erik and Lyle Menendez be resentenced. Due to the ages of Erik and Lyle at the time of the murders, they are eligible for youthful parole, which would free the brothers immediately.

In November 2024, Gascón lost his bid for re-election which meant his previous recommendation did not have to be honored by the new District Attorney. Nathan Hochman took office on Dec. 2 and stated he wanted to review the Menendez brothers' case before making any decisions. According to the Los Angeles Times, in March 2025, Hochman "announced his opposition to their release" and asked a judge to rescind Gascón's petition, stating the brothers hadn't shown enough "insight" into their crimes.

The Menendez brothers could be free as early as April 2025 after a six-hour proceeding, which resulted in an LA County judge ruling that their resentencing hearing could move forward, per CBS News. Judge Michael Jesic denied Hochman's request in a lengthy court session held Friday, April 11, during which the brothers appeared via Zoom call.

There were many times throughout the proceedings that Judge Jesic looked both tired and frustrated by the antics of deputy district attorney Habib Balian, who, according to Geragos, tried to relitigate the brothers' first trial. Balian stated that Erik and Lyle have shown no remorse for their crimes, nor do they understand the "severity and depravity" of them. He emphasized his point by showing the court photos of the crime scene, including Jose and Kitty Menendez's bodies.

After Balian spoke for two hours, Geragos was given the opportunity to address a few key points the deputy district attorney failed to mention. Specifically, Geragos touched on the rehabilitation work Erik and Lyle have done while incarcerated. NBC News reported the brothers have "helped inmates with severe disabilities, attended college, and established a green space 'beautification' project." Geragos described them as "remarkable human beings."

Following the judge's decision, Geragos held a press conference outside of the courthouse where he said, "I don't want to get ahead of myself, but today is a good day." Anamaria Baralt, Erik and Lyle's cousin who has been advocating for their release, added, "The court made clear that this process is not about politics. It's about truth. It's about justice. And, it's about giving people the chance to show who they are now, not just who they were in their worst moments."