What happens next now that the Menendez brothers are eligible for parole

Lyle and Erik Menendez immediately became eligible for parole Tuesday when a judge resentenced the brothers in a surprise development at the end of an emotional day of testimony in a Los Angeles courtroom.

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The brothers, who have served more than 30 years a life prison sentence for the 1989 shotgun murders of their parents in the family's Beverly Hills mansion, were resentenced to 50 years to life in prison, which made them eligible for parole under California’s youthful offender law because they committed the crime at ages 18 and 21, both under the age of 26.

Tuesday's pivotal resentencing hearing included testimony from family members, a former inmate who served time in prison with the brothers, ages 54 and 57, and others who supported the brothers' resentencing. The result was their first shot at freedom in decades.

Menendez brothers cousin Anamaria Baralt, a fierce defender of their bid for freedom, spoke about the process and what's next for the family after she testified at Tuesday's resentencing hearing.

"We have to go through the parole process, which is going to be very difficult for the family," Baralt said. "We will eagerly step through those doors if that means getting them home."

Here's what happens next.

When will the Menendez brothers have a parole hearing?

The resentencing decision is just one step on the path to freedom for Lyle and Erik Menendez. Up next would be a parole suitability hearing conducted by a state board to determine if an inmate should be released from prison.

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Inmates up for parole are scheduled for their first hearing no later than six months following their eligibility date, according to board policy.

The typical timeline would mean a hearing later this year for the brothers, but they already have a hearing before the board scheduled for June 13 in a clemency petition submitted to Gov. Gavin Newsom. It is not clear whether that proceeding will serve as their formal parole hearing or if a separate one will be scheduled.

If they are eventually released from prison, it will likely not be for several months.

Earlier this year, Newsom ordered the state parole board to conduct a comprehensive risk assessment for him to determine the brothers' danger to the public if released. The risk assessment, conducted by public safety and forensic psychology experts, is typical procedure in cases involving prisoners up for parole. The Menendez brothers were not recommended for parole at the time Newsom ordered the assessment, but the governor said the risk assessment was started to provide transparency and more information before any next steps.

That risk assessment analysis usually includes what led a person to commit the crime, their behavior in prison and whether they are likely to repeat the offense. Elements of the assessment, which has not been made public, were part of Tuesday's resentencing hearing.

What happens at a parole hearing?

The purpose of a parole hearing is to determine whether an inmate poses an unreasonable risk of danger to society if released from prison.

The risk assessment will be among the factors considered by the board. The hearing will likely require Lyle and Erik Menendez to prepare to make an impression on the panel that will consider their fate.

Parole hearings involve one or two board commissioners and a deputy commission from the 17-commissioner board appointed by the governor to three-year terms. Inmates are entitled to legal counsel during the hearing. Prosecutors from the county also may attend and as questions. Hochman said Wednesday that his office will attend the parole hearing, but the level of participation will be dictated by the parole board.

Hearings typically last about two and one-half hours.

If parole is granted, the governor could override or agree with the board's recommendation. If parole is denied, the brothers would continue to receive subsequent hearings until they are granted release. Statutory law requires that the inmate’s next hearing be set 15, 10, 7, 5, or 3 years in the future

If the governor does nothing, the parole board decision would stand.

Newsom was asked Wednesday about the possibility of the brothers being granted parole. Newsom said it is conceivable the matter could land on his desk after the June 13 hearing or by a different parole process and timeline.

He noted that he has rejected parole board decisions in the past.

"I have great respect for (the parole board's) judgment and the very relatively small percentage of parole applications they actually approve, and tend to approve," Newsom said. "We started a process, as you know, which was intended to help inform the judge in the resentencing. We thought that would be prudent to do before any resentencing. That process has unfolded over the course of the last number of months, and forensic psychologists did an assessment of the risk of each individual brother. That was debated.

"That's one component part of the process that's unfolding, that is supposed to conclude on June 13, as it relates to the parole board's actions. That's a very similar process to a traditional parole process. So the question for the parole board is, will they reserve that as a more traditional parole process, or will they choose to have a separate pathway to a independent parole analysis? And that's a conversation that we're having to make that determination.

"So it's conceivable to the point that on June 13, there could be a recommendation to me. I'm the ultimate arbiter who has to review the parole board's recommendations and report that we can get that report. It's also conceivable that will happen months and months later."

Parole through resentencing isn't the only possible avenue to freedom. In May 2023, the brothers' attorneys also filed a petition for habeas corpus to the court, asking for a new trial in light of new evidence of their sexual abuse. LA prosecutors have filed a motion opposing that petition, but its status is unclear.

And, clemency granted by the governor offers another possible route to the brothers' release after three decades in prison.

What happened at the Menendez brothers resentencing hearing?

The brothers have argued that they committed the crimes in self-defense after years of abuse by their father. That and the questions of whether the brothers have been rehabilitated after more than 30 years in prison were central points of discussion at Tuesday's hearing.

Attorney Mark Geragos turned to three Menendez brothers cousins to bolster arguments for their resentencing. Testifying inside a courtroom in Van Nuys, the three women said they've noticed a difference in the brothers after so much time in prison that warrant their release.

The brothers gave statements via videolink immediately after the judge's ruling, with Lyle Menendez saying he made no excuses for the murders. He admitted to making a "mockery of the legal system" after his arrest by seeking to have people perjure themselves on his behalf.

"Today, 35 years later, I am deeply ashamed of who I was," he said.

Erik Menendez said he deeply regrets an "atrocious act of violence against two people who deserved to live."

Their comments marked the first time the brothers have publicly said anything of substance about their case.

The Los Angeles County District Attorney's Office argued the case against resentencing. Prosecutors allege the murders were carried out due to acquire their parents' money and that the brothers never adequately accepted responsibility for the crime.

In response to the ruling, Los Angeles District Attorney Nathan Hochman reacted in a statement, reiterating it was necessary for his office to present "all relevant facts and perspectives."

“Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the court was presented with all the facts before making such a consequential decision,” Hochman’s statement said, emphasizing high-profile cases like the Menendez brothers' "must be viewed with a critical eye."

In the end, the judge supported resentencing, ending what was supposed to be a two-day hearing after one day in court.

The hearing was delayed by the January wildfires and a request for more time to review the case by the newly elected county prosecutor. Previous District Attorney George Gascón, defeated in the November election by challenger Nathan Hochman, opened the door to resentencing when he requested in October that the life sentences without parole be reduced to 50 years with the possibility of parole. Gascón arged the Menendez brothers' case and murder trials would have been handled differently today due to current understandings of sexual abuse and trauma, and the brothers' rehabilitation during their 30 years in prison.