What to know about Menendez brothers’ case and when could they be released

In 1989, brothers Lyle and Erik Menendez killed their parents by shooting them multiple times at close range at their mansion in Beverly Hills.

They were found guilty of first-degree murder and conspiracy to murder in 1996, and sentenced to life imprisonment without the possibility of parole.

On Tuesday, a Los Angeles judge reduced their sentence, making them eligible for parole.

There has been renewed public interest in the case after a new Netflix drama, Monsters: The Lyle and Erik Menendez Story, was released in September.

Last year, the previous district attorney of Los Angeles, George Gascón, requested a change to the brothers’ sentence from life without the possibility of parole to 50 years to life.

The hearing was put to Los Angeles County superior court Judge Michael Jesic on Tuesday who resentenced the brothers.

“I do believe they’ve done enough in the past 35 years that they should get that chance,” he said, concluding a day-long hearing.

The brothers are eligible for parole under California’s youthful offender law which allows individuals who committed crimes before the age of 26 to seek a reduced sentence.

The siblings were aged 18 and 21 at the time. They are now aged 54 and 57.

During the hearing, family members and a former fellow inmate were among those who testified in support of the resentencing.

People who worked with the brothers in prison spoke about the educational courses they had completed and how they created a hospice initiative for the elderly and sick.

The district attorney’s office, which fiercely opposes a lower sentence, said the brothers have continued to “make excuses” for their conduct instead of taking full responsibility and were not rehabilitated.

The brothers spoke to the court via video and apologised for their actions.

They also spoke about their hopes of working with sex abuse victims and helping those incarcerated if they were given a second chance outside prison.

The California parole board will now decide whether to release the brothers from prison.

Separately, the state’s governor, Gavin Newsom, is considering a request from the brothers for clemency. If approved, it could lead to a reduced sentence or a pardon.

Governor Newsom requested that the parole board conduct a risk assessment that examines whether the brothers pose a risk to the general public if released.

The full report has not been released, but the district attorney said it indicated a “moderate risk of violence”.

The parole board hearing on the clemency petition is set to take place on 13 June.

It is unclear whether the board will also consider the possibility of parole based on Judge Jesic’s resentencing at the same hearing.

Lyle and Erik Menendez killed their parents, Jose and Kitty Menendez, on 20 August 1989 at their home in Beverly Hills.

Their father, a 45-year-old Hollywood executive, was shot six times with a shotgun the brothers had purchased days before the attack.

Their mother died after suffering 10 shotgun blasts to several parts of her body.

The brothers initially told police they found their parents dead when they arrived home.

They were arrested after the girlfriend of a psychologist that had been treating Erik Menendez went to police to say that he had physically threatened the doctor.

The brothers claimed they committed the murders in self defence after years of alleged physical, emotional and sexual abuse, although no molestation was ever proven in court.

They said they feared their father would kill them after they threatened to expose him.

However, prosecutors argued that the young men had killed their successful parents to inherit their multi-million-dollar estate.

The brothers were taken into custody in 1990 and in 1993 they were tried for the murders, first individually, with one jury for each brother.

However, both juries were deadlocked in 1994, resulting in a mistrial, and the pair were later tried again together in 1995.

During their joint trial the judge excluded apparent evidence of abuse from their defence case. Taped sessions with a doctor, in which the killings were discussed, were ruled admissible in court by the judge.

A jury found them guilty and the pair were convicted of first-degree murder and conspiracy to murder in 1996.

The brothers, who were separated during their detention after a detective who investigated the slayings said they may conspire to escape if housed together, reunited in jail in 2018.

The case was thrust back into the spotlight after Netflix released a drama series about the brothers in September.

Monsters: The Lyle and Erik Menendez Story, shot to the top of the platform’s streaming chart and was reported to have had 12.3 million views in its first weekend of release.

It explores what might have led the siblings to kill their parents and it presents the murders from different perspectives.

Its creators said the series was based on extensive research and it follows the events surrounding the murders.

It includes the brothers’ claims of abuse as well as showing things from the parents’ point of view.

The show introduced the case to a new generation and garnered attention from celebrities – including Kim Kardashian and Rosie O’Donnell – who called for the brothers to be released.

The series was a follow-up to the controversial first Monsters series about US serial killer Jeffrey Dahmer.

Following its release, Erik Menendez shared a statement, released on X by his wife.

He said the show was “disheartening slander” and he “believed we had moved beyond the lies and ruinous character portrayals of Lyle”.

“It is sad for me to know that Netflix’s dishonest portrayal of the tragedies surrounding our crime have taken the painful truths several steps backward – back through time to an era when the prosecution built a narrative on a belief system that males were not sexually abused, and that males experienced rape trauma differently than women,” he added.

Members of the family also spoke out and said the brothers had been “victimised by this grotesque shockadrama,” and the show was “riddled with mistruths”.

Ryan Murphy, who created the show, told Variety that the comments were “predictable at best”.

He added that the family’s response was “interesting because I would like specifics about what they think is shocking or not shocking. It’s not like we’re making any of this stuff up. It’s all been presented before”.