Los Angeles— Erik and Lyle Menendez will be granted a new chance at freedom after serving 35 years in prison for murdering their parents, a judge ruled Tuesday.
Los Angeles County Superior Court Judge Michael Jesic commuted the brothers’ sentences from life without parole to 50 years to life. They are now eligible for parole under California’s youthful offender law because they committed the crime before the age of 26. The state parole board still has to decide whether to release them from prison.
The brothers appeared in court via livestream video and spoke for the first time prior to the ruling.
“I killed my mother and father. “I make no excuses or justifications,” Lyle said in a statement to the court. “The impact of my violent actions on my family … is unfathomable.”
Erik also discussed taking responsibility for his actions and apologizing to his family. “You did not deserve what I did to you, but you inspire me to do better,” he told me.
The judge stated that he had given “long thought” to the sentences the brothers deserved, taking into account all of the arguments.
“I do give them a lot of credit for changing their lives,” he said.
He said he was particularly moved by a letter submitted by a prison official who wrote in support of the resentencing, something he had never done for an inmate in 25 years.
“I’m not saying they should be released, it’s not for me to decide,” replied Jesic. “I do believe they’ve done enough in the past 35 years, that they should get that chance.”
In 1996, the brothers were sentenced to life in prison without the possibility of parole after murdering their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time. While defense attorneys claimed the brothers acted in self-defense after years of sexual abuse by their father, prosecutors claimed they murdered their parents for a multimillion-dollar inheritance.
The case has captivated the public’s attention for decades, and last year’s Netflix drama “Monsters: The Lyle and Erik Menendez Story” and documentary “The Menendez Brothers” drew new attention to it. Supporters of the brothers have flown in from all over the country to attend rallies and hearings in recent months.
“Today is a great day after 35 years,” defense attorney Mark Geragos stated.
“We have evolved,” Geragos stated. “It’s not the 1990s anymore. We have a better understanding of a lot of things.
The defense began by calling Anamaria Baralt, Erik and Lyle’s cousin, who testified that the brothers have repeatedly apologized for their actions.
“We all, on both sides of the family, believe that 35 years is enough,” Baralt told reporters. “They are 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 that if released, they would do a lot of good in the world.
“They are a real family,” Geragos stated. “Real people who have been through unspeakable horrors. And I’m hopeful and grateful that we’re one big step closer to bringing the boys home.”
Diane Hernandez, who also testified at Erik and Lyle’s first trial, discussed the abuse she witnessed in the Menendez household while living with them, as well as the so-called “hallway rule.”
“When Jose was with one of the boys … you couldn’t even go up the stairs to be on the same floor,” Hernandez said.
Hearing begins with testimony from a family member
The defense began by calling Ana Maria Baralt, Erik and Lyle’s cousin, who testified that the brothers have repeatedly apologized for their actions.
“We all, on both sides of the family, believe that 35 years is enough,” Baralt told reporters. “They are 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 that if released, they would do a lot of good in the world.
Hernandez, who also testified at Erik and Lyle’s first trial, discussed the abuse she witnessed in the Menendez household while living with them, as well as the so-called “hallway rule.”
“When Jose was with one of the boys … you couldn’t even go up the stairs to be on the same floor,” Hernandez said.
Judge to rule on a lesser sentence
Attorneys for the brothers must demonstrate that they have been rehabilitated in prison and deserve a reduced sentence of 50 years to life. They would be eligible for parole under California’s youthful offender law because they committed the crime before the age of 26.
Their defense attorney, Mark Geragos, stated outside court Tuesday that he wants the judge to reduce their charges to manslaughter and give them time served so that they can be released immediately.
At least seven family members are expected to testify during the hearings.
Los Angeles County prosecutors opposed the resentencing. They claim the brothers have not taken full responsibility for the crime.
Geragos stated that the goal of resentencing is to “encourage rehabilitation.”
“That is the law,” Geragos responded, adding, “not relitigate the facts of the crime as the D.A. wants to do.”
Former district attorney and family support resentencing
Last fall, the previous LA County District Attorney, George Gascón, asked a judge to reduce the brothers’ sentences, paving the way for their potential release. His office stated that the case would have been handled differently today based on modern understandings of sexual abuse and trauma, as well as the brothers’ rehabilitation after spending three decades in prison.
Gascón’s resentencing petition focuses on the brothers’ accomplishments and rehabilitation. Since their conviction, the brothers have received an education, taken self-help classes, and established various support groups for their fellow inmates.
Jonathan Colby, a former judge who described himself as tough on crime, told the court that he was impressed by the programs the brothers started while in prison to help and care for older and disabled inmates. He got to know them during a series of prison visits.
“There’s not many prisoners I meet like Erik and Lyle that have such concern for the elderly,” the inmate claimed.
Former inmate Anerae Brown sobbed as he testified about how the brothers helped him heal and get on the path to rehabilitation, ultimately leading to his release from prison.
He dubbed the programs they established “Menendez University.”
“I have children now,” he said. “Without Lyle and Erik I might still be sitting in there doing stupid things.”
Nathan Hochman, the current district attorney, stated Tuesday that he believes the brothers are not ready for resentencing because “they have not come clean” about their crimes. His office has also stated that it does not believe they were sexually abused.
“Our position is not ‘no,’ it’s not ‘never,’ it’s ‘not yet,'” Hochman went on. “They have not fully accepted responsibility for all their criminal conduct.”
Prosecutors recently cited a forensic psychologist’s analysis that stated the brothers had recently violated prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to control their own behavior. According to Hochman, the study concluded that they were “moderately more likely” than others to engage in community violence.
Hochman’s office attempted to withdraw the resentencing petition twice, but both times were denied by Los Angeles County Superior Court Judge Michael Jesic. He could decide on resentencing from the bench or issue a written decision later.