The Menendez brothers, Erik and Lyle, have been imprisoned since their conviction in 1996 for the 1989 murders of their parents. Initially held in separate prisons, Erik was transferred to the Richard J. Donovan Correctional Facility in San Diego in 2013. After years of separation, Lyle joined him there in 2018, allowing the brothers to reunite after over two decades. Now both housed at Donovan, they remain active within the prison community, participating in self-help and support groups, with Lyle also involved in prison reform initiatives
According to a 56-page court filing, the brothers have shown "exceptional post-conviction conduct," demonstrating "they no longer present a public safety risk," wrote the filing's authors, Nancy A. Theberge and Brock Lunsford, who oversee the District Attorney's Resentencing and Post-Conviction Litigation units, respectively. Citing their exemplary behavior and community contributions within the prison, they argue that a life sentence without parole no longer serves justice.
District Attorney George Gascón proposed re-sentencing the brothers to 50 years to life, a move that would make them eligible for parole review. "They've paid their debt to society," Gascón said in a press conference, noting that, due to their ages at the time of the crime, the brothers could be treated as youthful offenders under new laws designed to accommodate past abuse and trauma.
The Menendez brothers have alleged that they suffered years of sexual abuse by their father, Jose Menendez, which they claimed led to their parents' fatal shooting. Though their defense strategy and the high-profile trial captivated audiences in the early 1990s, the brothers were ultimately convicted of first-degree murder in 1995. Their initial trial had ended in a mistrial, with jurors deadlocked on whether the abuse allegations justified leniency.
Erik Menendez, now 53, and his brother Lyle, 56, have pursued higher education during their incarceration, with Erik accepted to UC Irvine last year and Lyle earning a degree from the university. Both brothers have also developed and led rehabilitative programs for their fellow inmates, which have improved the lives of many at Donovan Correctional Facility in South San Diego County. Their record of reform is substantial, according to the filing, which also emphasizes that their family - aside from one relative - supports their re-sentencing.
The brothers' case has re-emerged in the public eye in recent years, largely due to a Netflix crime drama anthology television series and other documentaries, as well as revelations regarding their abuse claims. One such claim includes a letter Erik allegedly wrote in early 1989 to a cousin, expressing fear of his father. Additionally, Roy Rosselló, a former member of the band Menudo, alleged last year that Jose Menendez had abused him as a teenager.
"I know what he did to me in his house," Rosselló said in the documentary.
Gascón's re-sentencing push comes amid criticism from some of his own office's prosecutors, who plan to argue against parole. His political opponent, Nathan Hochman, called the timing suspect, accusing Gascón of making a "desperate political move" ahead of a challenging election.
If the judge grants the re-sentencing, a state parole board would assess whether the Menendez brothers are fit for release. The decision is ultimately reviewable by the governor, who holds the authority to reverse any granted parole.
A court date has not yet been set to determine whether the re-sentencing will move forward.