Update on the Menendez Brothers’ Parole Hearing

After over 35 years since they killed their parents in a shotgun attack, Eric and Lyle Menendez are facing an opportunity for parole. They were initially arrested and sentenced to life in prison, but now find themselves closer to freedom.

The brothers gained notoriety when they shot their mother and father at their Beverly Hills home back in 1989. This week, they’ll appear before the California parole board. In recent times, there’s been increasing discussion about the abuse they allegedly faced from their father, which some claim may have fueled their actions.

A judge in Los Angeles County recently agreed to revisit their case, despite opposition from the district attorney’s office. If the parole board finds evidence of their rehabilitation, they could be released and reunited with family members who have long supported their freedom.

However, the path to parole isn’t guaranteed.

Hearing Details

The brothers will each have individual hearings. Eric, now 54, will appear on Thursday morning, while 57-year-old Lyle’s hearing is scheduled for Friday. Each session is expected to last two to three hours, with the board potentially making a decision soon after.

The hearings will be conducted via video from the Richard J. Donovan Correctional Facility in San Diego. A family lawyer will also be present remotely. Although these hearings are public records, they will not be live-streamed. A reporter will follow the proceedings in Sacramento and share the outcomes shortly afterward.

Parole Board Process

Typically, the process includes the board members questioning the inmate seeking release, but other parties may also participate. The prosecuting attorney, Nathan Hochman, may voice opposition against their release. The District Attorney’s Office has submitted a detailed 75-page document to the board, labeling their account of the murder as a “shifting story.” This document highlights attempts to create an alibi and the brothers’ initial claims that the killings were part of a mafia hit.

Additionally, prosecutors dispute the notion that the brothers acted in self-defense, arguing that there was no imminent threat from their parents that night.

Victim’s families often have a say in the parole process, but many of Kitty and Jose Menendez’s relatives are pushing for the brothers’ release and have submitted letters of support. Milton Anderson, Kitty’s brother, had previously opposed the release but passed away earlier this year. His lawyer indicated that it’s unclear whether any objections will still be considered in the hearing.

Eligibility for Parole

The brothers won a hearing after a judge ruled in May. The previous district attorney had attempted to keep them incarcerated for 50 years, but the court found insufficient evidence to deem them a risk to public safety. Since they were under 26 at the time of the crime, they qualify for parole under California’s Youthful Crime Act.

The parole board will assess various factors, like their criminal history, behavior during incarceration, and personal growth over the years. It’s noted that their youth at the time of the crime would weigh significantly in the decision. However, experts caution that it’s still rare for murder convictions to lead to parole, especially in cases involving such extreme violence. Some believe their recent admission of guilt could potentially aid their case.

Opposition from the prosecution is expected, as they have frequently referenced the gruesome details of the crime in past trials. According to the District Attorney’s Office, they argue that the brothers still pose a threat due to their lack of full insight into their past actions.

Any violations of prison rules could also play a role in the board’s decision. Recent issues have raised concerns, including incidents like fighting and unauthorized use of cell phones, which can be seen as connections to criminal activity outside of prison.

Experts believe that the outcomes of both hearings will likely align, given they are tied to the same case.

After the Decision

Should the Parole Board approve their release, Governor Gavin Newsom will have the option to review or deny the decision within 120 days. He has stayed silent on the matter, and while he has considered leniency for the brothers, his prior actions in high-profile parole cases may not bode well for them.

If the board denies their request, a new hearing can be scheduled anytime within the next three to fifteen years, though they could petition for reconsideration sooner if circumstances change.

Additionally, alternatives to parole exist, as Newsom could grant clemency, and legal applications for new trials are still in the works.