The process for the Menendez brothers getting out of jail on parole is a complicated one, with many wondering about their new sentencing and a possible retrial date. Still, it offers a new route for Erik and Lyle Menendez, 53 and 56 years old respectively, to be released from prison.
In a press conference on October 24 (available via ABC), Los Angeles District Attorney George Gascón stated that he would recommend that a judge resentence the brothers to life with the possibility of parole. Since the murders they committed occurred when they were under 26 years old (Lyle was 21 while Erik was 18), they would be immediately eligible for youthful parole under California law if a judge agrees with the resentencing. But even if the judge rules in their favor, there are still a few hurdles for them to overcome. Here’s a general timeline of how the Menendez brothers would be released on parole.
How long will it take for the Menendez brothers to get out of jail?
It will likely take several months for the Menendez brothers to get out of jail on parole, assuming that a judge approves the resentencing and the state parole board also approves their release.
Mark Geragos, an attorney for the Menendez brothers, said that he was hopeful that they would be released before Thanksgiving, per NBC and The Associated Press. However, Laurie Levenson, a professor of criminal law at Loyola Law School, says that this timeline is “awfully hopeful.”
Here’s a breakdown of what needs to happen next for the brothers to be released on parole:
- Resentencing Court Hearing – A court date is expected to be set some time between 30 to 45 days from October 24 for a judge to hear the petition for resentencing presented by the District Attorney. This was relayed by Nancy Theberge, the deputy in charge of resentencing, during the press conference. The judge will then rule whether it will follow the D.A.’s recommendation for reducing their sentence to life with the possibility of parole. For clarity, there is no “retrial date,” since the case isn’t being retried in court again.
- Parole Board Hearing – If the judge agrees with the resentencing, the California state parole system will then take over the process. After the Menendez brothers fill out an application for parole, a parole hearing for them will be set by the board while their defense compiles evidence in their favor. A Commission will then hear their case and make a decision on their release, considering the recommendations made by the District Attorney and the judge for the resentencing.
- Gavin Newsom Approval – If the board recommends parole, California Governor Gavin Newsom will have up to 150 days to review the case. Newsom could green-light the parole or choose to overrule the board’s decision and deny their release.
Efforts for a resentencing of the Menendez brothers were stirred by new evidence in their case as well as heightened awareness and public support for them, including an essay by Kim Kardashian This includes a letter allegedly written by Erik to his cousin in December 1988 that mentions abuse by his father, Jose, and a sworn affidavit by Roy Rossello, a former member of boy band Menudo, that describes how he was sexually abused by Jose in the early ’80s. Evidence of Erik and Lyle’s abuse by their father was largely restricted during their second trial, which saw them be sentenced to two consecutive life terms without the possibility of parole.
While their defense lawyers believe that this new evidence could drop the brothers’ sentence to manslaughter, Gascón decided instead to recommend a resentencing to murder because he believes that “they premeditated the murder of their parents and killed them.” However, he thinks that there’s a strong possibility that they will be granted parole given they are “model prisoners” and noted their positive conduct over their last three decades in prison.
The defense filed a separate habeas corpus petition last year that asked the court to vacate the brother’s conviction in light of the new evidence. This petition would be heard in November, but it may be withdrawn if the defense agrees with this new resentencing.
