A New Court Date Means Erik and Lyle Menendez Could Be Home as Early as January 2025

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 by all accounts 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.

After the habeas corpus was filed by Mark Geragos, the attorney representing Erik and Lyle, a Nov. 25, 2024 hearing date was scheduled. A Los Angeles County Superior Court judge decided that more time was needed, and pushed the Dec. 11 resentencing hearing back to Jan. 30 and 31, 2025.

Speaking to the press outside of the courthouse Geragos said, "We’re hoping that by the end of that, or sometime sooner, that we will in fact get the brothers released." He also said the hearing was a very emotional experience as Erik and Lyle testified via a virtual court appearance, for the first time in 28 years.

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 Oct. 24, 2024, Gascón said he was going to recommend 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 bed for re-election which meant his previous recommendation did not have to be honored by the new District Attorney. Nathan Hochman takes office on Dec. 2, which is nine days before the resentencing hearing that was scheduled based on Gascón's recommendation. Hochman has said he plans on reviewing the thousands of pages of court transcripts and wants to interview the attorneys involved as well as family members of the victims, to see if he still supports this decision.

"This is a case we've had many people in this office spend a great deal of time reviewing," explained Gascón. He went on to say that the office has been deeply divided.

Some believe Erik and Lyle should stay in prison for the rest of their lives, and do not think they were sexually abused by their father. Others do believe the sexual abuse allegations and think the Menendez brothers should be released immediately.

Anyone from the District Attorney's office can make their opinions known at the status hearing.

While reviewing their prison files, Gascón and his team focused on whether or not Erik and Lyle have been rehabilitated and can safely be reintegrated back into society. He saw that they chose a path of redemption and healing versus engaging in further criminal behavior while incarcerated like so many others decide to do.

"I believe they have paid their debt to society," said Gascón. "If the parole board concurs with my decision, they will be released accordingly."

It should be noted that Gascón referenced the "Menendez brothers documentary" as a contributing factor surrounding his decision to move forward more quickly. Their office had been inundated by calls requesting the brothers be set free, and they simply didn't have the manpower to wait any longer.

When asked about a message to Erik and Lyle, Gascón said he did not approve of the way they handled their abuse, but he "appreciates what they did while they were in prison," and hopes they continue to do good work if they are free.