The new Netflix drama series on the Menendez brothers are making viewers ask when they might be released from prison. Lyle Menendez, 56, and Erik Menendez, 53, were convicted of murdering their parents, Jose and Kitty Menendez, in August 1989 at their home in Beverly Hills. While they did not receive the death penalty, both brothers were found guilty of first-degree murder after their second trial and have been in prison since July 1996.
Will the Menendez brothers get out of jail?
The Menendez brothers are serving two consecutive life sentences without parole, which in California means that will never be released from prison; that is, unless their case is reopened and their charges are lessened so that they serve a shorter sentence.
For clarity, in California a life sentence without parole is reserved for the most serious of criminal offenses. While different states have varying meanings for how long a “life sentence” is, which can also depend on the type of crime committed, in this case the Menendez brothers stand to remain in prison for the rest of their lives.
However, the brothers hope that new evidence will set them free, as noted by CBS. As claimed by Cliff Gardner, their defense lawyer, a new letter written by Erik Menendez to his cousin in December 1988 shows that he was concerned about his father’s alleged abuse. The letter reads, “Every night I stay up thinking [Jose] might come in. … He’s warned me a hundred times about telling anyone, especially Lyle.”
Another piece of evidence comes from a sworn affidavit filed in 2023 by Roy Rossello, a former member of boy band Menudo. The document describes how he was sexually abused multiple times by Jose, an executive of RCA Records at the time, in the early 80s when he was a minor. Roy reveals further details in the Peacock documentary “Menendez + Menudo: Boys Betrayed.”
In May 2023, Gardner filed a habeas petition in the hopes that these two pieces of evidence would reduce the charges of the Menendez brothers from first-degree murder to manslaughter. Another of the brothers’ attorneys, Mark Geragos, says in Newsweek that the evidence is enough for them to be resentenced, as opposed to a retrial. He reveals that the DA’s office is still “conducting a thorough review and has been granted until September to respond to our new evidence.”
The Netflix series “Monsters: The Lyle and Erik Menendez Story” released on Thursday, September 19.
