Will the Menendez brothers be released? Board to decide this week

(NewsNation) — Family members of Erik and Lyle Menendez said they are “cautiously optimistic” ahead of this week’s parole hearings. They said the brothers have taken “full accountability” for their actions and are ready for release.

The Justice for Erik and Lyle Coalition released a statement ahead of the first hearing, set for Thursday, saying: “As always, our family remains cautiously optimistic, grounding ourselves in the reality that California’s parole process is incredibly rigorous, with low grant rates. We respect that and know Erik and Lyle are prepared for that level of scrutiny.”

The group has identified itself as a family-led initiative advocating for the brothers’ release. 

The parole board meetings are the closest the Menendez brothers have come to winning their freedom from prison since they were convicted of killing their parents in 1989.

The brothers became eligible for parole earlier this year, after a judge reduced their sentences from life in prison without the possibility of parole to 50 years to life.

“For more than 35 years, they have shown sustained growth. They’ve taken full accountability. They express sincere remorse to our family to this day and have built a meaningful life defined by purpose and service,” the family said in the statement. 

They said the support the brothers received from those advocating for their release was commendable.

“It’s a reminder that no paper file can fully capture a person’s character. But we see it. Correctional staff see it. Now, we hope the parole commissioners will see the same,” the family said. “We know that Erik and Lyle will come home, that is no longer a doubt. We just hope that they are granted this second chance in time to hug their Aunt Joan and Aunt Terry.”

But Los Angeles District Attorney Nathan Hochman, who has been against parole for the brothers, countered the family’s claims saying they have “never fully accepted responsibility” for the murders.

The brothers continue to “promote a false narrative of self-defense that was rejected by the jury decades ago,” Hochman said in a statement Wednesday.

“We have consistently opposed their release because they have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated, and therefore continue to pose a risk to society. We will evaluate our final position based on the evidence presented at the hearing.”  

Why are Menendez brothers eligible for parole?

The brothers were convicted of fatally shooting their parents, Jose and Kitty Menendez, at their Beverly Hills home in 1989. They were sentenced to life in prison without parole at ages 18 and 21, and have spent more than 30 years behind bars. 

The case was reopened in October of last year when then-District Attorney George Gascón announced his office would reexamine the case in light of new evidence, which included a letter alleging sexual abuse purportedly written by Erik just months before the shooting. 

But that decision was reversed by Hochman, who submitted a request to withdraw the resentencing petition.

LA County Superior Court Judge Michael Jesic resentenced the brothers in May to 50 years to life, making them eligible for parole. 

However, the brothers must still secure approval from the state’s parole board to leave prison.

What will happen at Menendez brothers’ parole hearings?

A panel of two or three parole hearing officers from a board of commissioners appointed by California Gov. Gavin Newsom will evaluate the brothers individually.

Erik Menendez’s hearing is scheduled for Thursday morning, and Lyle Menendez’s will follow Friday over videoconference from the Richard J. Donovan Correctional Facility in San Diego.

Mark Geragos, the brothers’ attorney, told NewsNation’s “CUOMO” on Tuesday that both brothers are expected to answer many questions.

“I think on Thursday, what you will see with Erik is a lot of discussion about the programs that he’s instituted. Not the least of which is the hospice program, which he pioneered in California,” he said. “I think when you get to Lyle on Friday, you’re going to hear about the green space program. This is a back-and-forth.”

Representatives from Hochman’s office will be present at the hearings, and Geragos said they won’t directly ask questions but can funnel them through to the parole board if they choose.

“It’s a very interactive experience,” he said. “It’s very robust. And something people don’t realize, the parole board members that day will retire, deliberate and make a decision each day.”

When will decision be reached on parole for Menendez brothers?

The board will assess whether the brothers pose an “unreasonable risk of danger to society” if released, considering factors such as criminal history, motivation for the crime, signs of remorse, behavior while in prison and plans for the future, according to the California Department of Corrections and Rehabilitation.

If the board grants their parole, it could be months before the brothers walk free — if at all. If the board grants parole, the chief legal counsel has 120 days to review the case.

After that, Newsom has 30 days to affirm or deny the parole. Only then, if parole is affirmed by the governor, would the Menendez brothers be able to leave prison.

Newsom had previously ordered the state parole board to conduct a risk assessment of the brothers in response to a clemency request. At the time, he emphasized a key question was whether the brothers posed an “unreasonable risk to public safety.”

He has said he has both approved and rejected decisions by the parole board before, and that he was the “ultimate arbiter.”

NewsNation’s Rob Taub and the Associated Press contributed to this story.