Lyle and Erik Menendez could be eligible to walk free after more than 30 years in prison for the vicious 1989 shotgun slayings of their parents — and they might even be released as early as the coming weeks.
On Tuesday, a judge for the Los Angeles County Superior Court reduced the brothers’ sentences from “life without parole” to “50 years to life” for the murder of José and Kitty Menendez, execution style, in the den of their Beverly Hills mansion.
The ruling wasn’t the brothers’ best-case scenario; their lawyer had asked for a downgraded charge that would have set them free immediately.
But it does mean Lyle and Erik, who are now 57 and 54, now qualify for parole — leaving their freedom in the hands of the state parole board and Gov. Gavin Newsom.
The board won’t start from scratch: Newsom had already instructed it to review the brothers’ case as part of a separate clemency petition.
The board has been reviewing Erik and Lyle’s time in prison and conducting psychological evaluations; a final hearing had been scheduled for June, after which the board is set to make a recommendation to Newsom’s office.
Should the board count that work towards an ordinary parole assessment — now that the brothers qualify — they could walk free as early as this summer.
As it stands, there are two paths to freedom: The state board grants parole; or the board denies them parole, but Newsom grants clemency anyway.
In a darker timeline for the brothers, the board could grant them parole, but Newsom could override the decision and keep them in the clink.
When considering someone for parole, the board assess whether they pose a risk to society and whether they have “insight” into their crimes – i.e., “remorse and understanding of the nature and magnitude of the offense.”
In Erik and Lyle’s case, the public already has a sneak peek at the board’s findings: It sent a preliminary risk assessment to LA District Attorney Nathan Hochman, who relayed some of the results in court.
Apparently, the brothers have not had spotless prison records: Erik used and distributed drugs and was caught with a contraband cell phone this year, and Lyle has a sense of entitlement and narcissistic personality traits, according to the report.
The brothers’ rap sheet pushed the board to upgrade their risk assessment from “low risk” to “moderate.”
As for “insight” into their crimes: Lyle and Erik have both admitted that killing their parents was wrong and expressed remorse for their actions, but they have also claimed the murders were done in self-defense after years of sexual abuse by their father, with their mother’s help.
In two high-profile trials in the 1990s, they argued that they believed their parents were going to kill them to hide the truth about the abuse.
They maintain that claim to this day, but Hochman called it an outright lie and said it shows the two have no true “insight” and are merely trying to dupe the parole board.
Backing the brothers’ case are glowing recommendations from both prison officials and fellow inmates, plus years of volunteer work while in prison, including a hospice program for elderly and disabled inmates and a greenspace program for the prison yard.
As for what the state parole board and Newsom will finally decide, state officials have kept their cards close to the vest, waiting for the DA, the LA court, and the brothers’ lawyers to finish battling it out.
Now that that battle is over, the chances of freedom Erik and Lyle Menendez have never been higher.