After more than three decades behind bars, Erik and Lyle Menendez are facing a crucial turning point. Their long-awaited resentencing hearing begins Tuesday and continues into Wednesday, with both sides prepared for a fierce courtroom showdown that could decide the brothers’ future.
Defense Pushes for Reduced Sentence
Veteran defense attorney Mark Geragos, who has championed the brothers’ release, plans to call seven witnesses in support of their resentencing. While Erik and Lyle Menendez are not expected to testify, their case is bolstered by support from over 20 family members. Geragos argues that the brothers deserve a second chance based on their rehabilitation and the abuse they endured prior to the 1989 murders of their parents, Jose and Kitty Menendez.
Judge Reportedly Open to Resentencing
Sources close to both the defense and prosecution told ABC News that the presiding judge is leaning toward granting a resentencing. The Menendez brothers are currently serving life sentences without the possibility of parole. A major shift in their legal prospects came in October 2024 when then-Los Angeles County District Attorney George Gascón announced he supported reducing their sentences.
Gascón recommended that their life-without-parole terms be replaced with a sentence of 50 years to life for murder. Since both brothers were under the age of 26 at the time of the crime, California law would make them immediately eligible for parole under the new sentence structure.
Change in District Attorney Brings Renewed Opposition
In March, newly elected District Attorney Nathan Hochman filed a motion to withdraw the resentencing petition, arguing that the brothers’ longstanding claims of self-defense were based on a “litany of lies.” The judge denied Hochman’s motion, allowing the resentencing to proceed.
Hochman continues to oppose the release and has declined to confirm whether he believes the brothers’ allegations of sexual abuse by their father.
“The issue is not never for the resentencing,” Hochman told ABC News on Monday. “It’s not yet.”
Risk Assessment Adds New Layer to Legal Battle
As part of a separate clemency request, California Gov. Gavin Newsom asked the Board of Parole Hearings to conduct a risk assessment on the Menendez brothers. The report, completed recently, concluded that the pair poses a moderate risk to the community if released.
The assessment cited disciplinary violations in prison, including the possession of illegal cellphones. Erik Menendez was found with a cellphone as recently as January 2025—a point Hochman used to question the sincerity of their reform. However, the defense emphasized that Erik’s last violent write-up occurred 25 years ago, and Lyle has never had a violent infraction.
Judge Weighs Preliminary Risk Assessment
Judge Michael Jesic noted that while he will consider elements of the risk assessment, the information remains preliminary. He also ruled that attorneys will not be allowed to question the psychologists who conducted the evaluation.
As the resentencing hearing unfolds, it will not only test the strength of the Menendez brothers’ legal arguments but also highlight evolving public and institutional attitudes toward rehabilitation, youth sentencing, and claims of abuse. The decision could mark a dramatic shift in one of the most infamous criminal cases of the 20th century.
Keep up with the Menendez brother’s case with us on Que Onda Magazine.