The Menendez Brothers’ Freedom Fight Hits Another Wall—And This One’s Personal
New Twist in the Menendez Case: Inside the Fight Over Resentencing
The judge called it “stupid.” And honestly, that might be the most accurate legal description anyone’s used in this decades-long saga. Erik and Lyle Menendez, who’ve been in prison for the past 29 years for killing their parents, just had their shot at a new sentencing delayed yet again—this time because no one could agree on whether they’re allowed to look at a report they already have.
Let’s rewind. In 1989, the Menendez brothers walked into their parents’ Beverly Hills mansion and shot Jose and Kitty Menendez to death. It was brutal. No question. But what came next split the country. The prosecution said it was a cold-blooded, calculated murder for inheritance. The defense said it was self-defense after a lifetime of sexual abuse at the hands of their father. The jury went with the prosecution, and in 1996, both brothers were sentenced to life without parole.
Now, decades later, the conversation shifted. The state of California, under Governor Gavin Newsom’s guidance, has been looking more closely at long-term sentences, rehabilitation, and second chances. That’s where the Menendez brothers come back into focus.
Former LA DA George Gascón—before getting pushed out—had asked for their sentences to be reconsidered, recommending they get 50 years with the possibility of parole. But Mark Geragos, the brothers’ longtime attorney, is swinging for the fences. He’s now asking for a reduction to manslaughter. If the judge agrees, that would mean Erik and Lyle walk out of prison immediately.
But first, everyone needs to agree on how to handle a risk assessment report ordered by the governor’s office. You’d think that would be straightforward. It is not. The prosecution claims they need more time because only part of the report has been released. The defense hasn’t seen the full thing either. The judge, Michael Jesic, hadn’t seen it either. And he was clearly done with the nonsense.
"I need clarification from the governor’s office,” Jesic said in court Thursday. “This is stupid.”
Still, prosecutors insisted that the parts they
have seen are enough to put the whole thing on pause. They filed a motion to delay so everyone could review what they call a crucial piece of the puzzle: how dangerous the brothers might be if released. According to Deputy DA Habib Balian, if a report exists that evaluates their potential for violence, it has to be considered.
On the other side, Geragos went scorched earth. He slammed DA Nathan Hochman for holding a press conference where he referenced the report. Geragos now wants Hochman off the case altogether, saying he’s compromised the process. Hochman, for what it’s worth, has made it clear he does
not support resentencing. So yeah—tensions are high.
The governor’s office later clarified that the risk assessment wasn’t meant to stand alone—it’s part of a broader review ahead of a June parole hearing. They also said that both the defense and prosecution already had access to what’s been shared. And, they noted, they’re happy to send it to the judge if he wants it.
In the meantime, the brothers sat quietly, watching the hearing on a video feed from their prison near San Diego. Dressed in blue, emotionless, probably wondering what fresh bureaucratic hell they were now trapped in.
This whole thing has been a stop-and-start process. The original resentencing hearing was set for January, but got postponed because of wildfires in LA and a last-minute attempt by prosecutors to pull back on their own request. This latest delay pushes things again, with the next court date now scheduled for May 9.
Outside the courtroom, interest in the case hasn’t faded. Netflix’s “Monsters: The Lyle and Erik Menendez Story” and a follow-up docuseries reignited public fascination. Journalists flooded the courthouse. Reporters elbowed for spots inside. It’s the same media frenzy that’s followed this case for decades.
Inside, things got messy—again. Geragos and Bryan Freedman, an attorney representing Menendez relatives, blasted prosecutors for showing graphic crime scene photos in a prior hearing without warning the family. Freedman called it “harassment.” Balian apologized, but added that Erik and Lyle were the ones who caused the scene in those photos—not him.
Another point of contention? The DA’s office now controls the victims’ services branch of the court. Geragos and Freedman say they’ve heard crickets from them. No contact. No coordination. Not even a heads-up.
It’s worth noting that nearly all surviving members of the Menendez family have publicly forgiven the brothers. They want them released. They believe in their rehabilitation.
Prosecutors, however, say the brothers have never come clean. They point to lies told at trial—about the abuse, about what really happened that night—and say the Menendez brothers haven’t taken full responsibility. Hochman’s office has openly said they don’t believe the abuse happened at all.
So where does this leave everything? On pause. Again. The next hearing’s set for May 9, assuming someone can get the right version of the report to the judge and everyone decides to read the same set of pages this time.
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