Menendez brothers eligible for parole after re-sentencing in 1989 murders

Lyle and Erik Menendez, who have served 35 years of a life prison term for the 1989 shotgun murders of their parents in their Beverly Hills home, were ruled eligible for parole by a Los Angeles judge at a re-sentencing hearing on Tuesday.

The Menendez brothers, held in custody since March 1990 and originally sentenced in July 1996 to two consecutive life terms without the possibility of parole, were each handed a new sentence of 50 years to life by Los Angeles County Superior Court Judge Michael Jesic.

Now 57 and 54 years of age, the brothers will remain incarcerated while the state parole board and California Governor Gavin Newsom ultimately decide their fate.

As they have for a series of previous hearings, the brothers appeared for Tuesday's proceeding wearing blue jail garb via live video feed from prison in San Diego.

Jesic called their crime “absolutely horrific” but said it was “amazing” how they had rehabilitated themselves in prison.

“It’s something I’ve never seen before,” he said.

Addressing the court before the judge rendered his decision, both defendants apologised to their families, expressed remorse for the killings and said they took "full responsibility" for their behaviour.

"My crime was not just criminal. It was wrong. It was immoral. It was cruel and it was vicious," said Erik Menendez, who was 18 when he and his older brother opened fire on their parents with 12-gauge shotguns.

"Today, 35 years later, I am deeply ashamed of who I was," said Lyle Menendez, who was 21 at the time of the murders.

The brothers were re-sentenced under California's youthful offender statute, which applies to defendants who were under 26 when they committed a crime and makes them immediately eligible for parole once they serve half of their term.

"They had tears and they were smiling," Menendez attorney Cliff Gardner told Los Angeles television station KNBC-TV, relaying what he saw from the video link in court immediately after the ruling.

'THEY ARE DIFFERENT MEN'

After a first trial ended in a hung jury in 1994, the brothers were found guilty by a second jury in 1996 of first-degree murder for fatally shooting their parents, Jose and Kitty Menendez, on August 20, 1989, as the couple watched television in the family room of their home.

At trial, the brothers admitted to committing the killings but insisted they did so out of fear that their parents were about to kill them following years of abuse by their father, a wealthy entertainment industry executive, and emotional battering by their mother.

Prosecutors argued the murders were coldly calculated and motivated by greed, namely the brothers' desire to inherit their parents' multimillion-dollar fortune.

Former District Attorney George Gascon petitioned for a re-sentencing last autumn, citing new evidence purported to bolster the brothers' claims that they were molested and a prison record showing they had achieved rehabilitation while incarcerated.

But Gascon's successor as DA, Nathan Hochman, opposed the re-sentencing, arguing the brothers had yet to fully acknowledge and accept responsibility for the killings.

The outcome on Tuesday capped a day-long hearing in which several relatives, a retired judge and a former fellow inmate testified in support of defence efforts to gain the brothers' release.

The brothers' first cousin Anamaria Baralt, 54, a leading advocate for their release, said the two "are universally forgiven" by everyone on both sides of their family. "They are different men from the boys that they were when they committed these crimes," she testified. Two other cousins said the brothers should be credited for their exemplary record behind bars, citing Lyle's work bringing a "Greenspace" beautification project to the prison and Erik's role in hospice care for fellow inmates.

Prosecutor Habib Balian, however, said the brothers were "not trustworthy" and he did not believe they had found redemption. He also said he was not assured by family members' testimony that they did not think the brothers would commit another violent crime.

"We know... what they are capable of doing," he said.

Before they can go free, the brothers must make their case next to the state parole board, which will recommend whether they are suitable for release. The final decision will rest with the governor, who can either accept or reject the board's recommendation.

In addition, the state Board of Parole Hearings has set hearings for June 13 to decide whether to support separate petitions for clemency, which also would require Newsom's approval.

In seeking the brothers' release, defence lawyers presented new evidence to bolster their claims of sexual abuse, including a letter Erik purportedly wrote to a cousin eight months before the killings describing molestation by his father and allegations from a member of the 1980s pop band Menudo, who said he was abused by Jose Menendez.

The allegations were highlighted in a 2023 documentary series on Peacock about the case, while a nine-part Netflix drama and a documentary film last autumn also renewed public interest.