After months of bad news, Erik and Lyle Menendez, the brothers sentenced to life in prison for the murder of their parents in 1989, may be a step closer to regaining their freedom. California Governor Gavin Newsom has ordered a risk assessment that could open the door to possible clemency after other legal avenues to reduce their sentence were shut down in recent months.
The development comes as the Menendez case recaptured public attention, fueled by the Netflix series Monsters: The Lyle and Erik Menendez Story and a 2023 documentary that presented new evidence about the abuse the brothers say they suffered at the hands of their parents.
The Menendez brothers have spent 35 years in prison for the murders of Jose and Kitty Menendez in their Beverly Hills mansion. The brothers argued from the outset that they acted in self-defense after years of sexual, physical and emotional abuse. However, at their second trial lawyers were barred from mentioning this history, resulting in a guilty verdict and a sentence of life in prison without the possibility of parole.
The case continues to generate debate despite the passage of time. For some, the Menendez are cold-blooded killers who executed their parents for money. Others see them as victims of a judicial system that ignored the context of abuse in which they grew up.
What does risk assessment mean?
The risk assessment ordered by Newsom will not look at evidence of abuse or the circumstances of the crime but will instead determine whether the brothers pose a danger to society if released.
During their time in prison, Erik and Lyle have been considered model inmates. They have worked in rehabilitation programs for other inmates and have shown signs of positive reintegration. These factors could play in their favor in the final decision.
The role of the new Los Angeles district attorney
Newsom's decision comes after the new Los Angeles District Attorney , Nathan Hochman, rejected the possibility of granting the brothers a new trial. In a recent statement Hochman downplayed the importance of evidence of abuse, saying it is not relevant in a murder case.
The statements have caused outrage among the Menendez family's defenders, including his family, who issued a statement condemning the prosecutor's stance. "The abuse leaves deep scars and cannot be ignored," they said.
On March 20, the Menendez family will appear in Los Angeles Superior Court for a resentencing hearing. Their attorneys are seeking to reduce their sentence to 50 years in prison with the possibility of parole, which would allow them to request immediate release.
If the court rejects the resentencing, however, the only alternative left would be clemency from the governor. Newsom, who is in his final term, has promised to carefully review the case and make a decision based on public safety.
The risk assessment report, requested by the governor, will be key in this process and is expected to be ready within the next 90 days.
Could the brothers be released?
The fate of Erik and Lyle Menendez is now in the hands of the courts and Newsom's political decision. If the evaluation concludes that they do not represent a danger to society, their release could be imminent.
