L.A. District Attorney reverses course on Menendez brothers’ resentencing

What is the future for the Menendez brothers? That is the question that many seem to ask now that the L.A. District Attorney is opposing to resentencing of Lyle and Erik Menendez, who are currently serving life in prison without parole for the murders of their parents — Jose and Kitty Menendez — back in 1989.

The Menendez brothers have been in prison for more than three decades, and they have been actively seeking to be released, claiming they committed the crime as an act of self defense for the years of physical, mental, and sexual abuse they endured. Their long fight for freedom gained fresh attention when the series Monsters: The Lyle and Erik Menendez Story was released on Netflix in Sept. 2024.

The following month, then-Los Angeles County District Attorney George Gascón made an announcement in support of the convicted brothers, pushing for their resentencing. “We are going to recommend to the court that the life without the possibility of parole be removed and they would be sentenced for murder,” he said. 

If resentenced, the Menendez brothers would automatically qualify for parole under California’s Youthful Offender Parole Hearing law, which grants parole consideration to individuals who committed crimes before 26 years old. Lyle and Erik were 21 and 18 at the time of the murders, and they have been in prison for 35 years. “I believe that they have paid their debt to society. The final decision will be made by the judge,” Gascón stated.

A resentencing request hearing was originally scheduled to take place in Dec. 2024, but was postponed to Jan. 30 and 31 to allow the judge more time to review the case. The delay also gave newly elected Los Angeles County District Attorney Nathan Hochman — who was sworn in on Dec. 3 — additional time to reassess the case and provide his input. Come Jan., the hearing was again rescheduled due to the wildfires that devastated California.

California Gov. Gavin Newsom announced last month that he would order the parole board to conduct a “comprehensive risk assessment” to see whether the Menendez brothers pose a great risk to the public if they are released, but said that he will consider Hochman’s decision when it comes to responding to a request for clemency he received from the brothers.

Now, Hochman has weighed in on the Menendez brothers’ case, and he is taking a stance that contrasts with his that of his predecessor. According to him, the brothers shouldn’t be granted a retrial, as the murders were the center of their convictions and not the sexual abuse claims. In addition, he stressed that the brothers “had told five different versions of what happened.”

On Mar. 10, Hochman said he was withdrawing Gascón’s motion to resentence the Menendez brothers. In a press conference, he stressed how the brothers repeatedly lied and haven’t fully accepted responsibility for the crimes. “Our position is that they shouldn’t get out of jail. We bring that position to the court. The court can agree with it, the court can disagree with it or modify it in some respect,” he stated. Hochman said the District Attorney’s office is “prepared to go forward” with the hearing, which is scheduled to take place on Mar. 20 and 21.