What to expect from Erik and Lyle Menendez parole hearings

LOS ANGELES (KABC) -- Erik and Lyle Menendez's fight for freedom will continue this week when the brothers face a parole board, separately.

Erik and Lyle Menendez's fight for freedom will continue Thursday and Friday when the brothers face a parole board, separately.

The brothers were convicted for the 1989 murder of their parents in their Beverly Hills home. They were sentenced to life in prison without the possibility of parole. Lyle Menendez was 21 and Erik Menendez was 18 at the time of the crime. They said they committed the murders in self-defense after years of abuse by their father.

Interest in the Menendez brothers' case renewed in May 2023 after a docuseries revealed new evidence that collaborated Erik and Lyle's claims of abuse by their father, kicking off a campaign to allow them out on parole.

Here's what to expect from the parole hearings and what led up to this point:

What will happen during the parole hearings for Erik and Lyle Menendez?

The hearings will take place remotely on Thursday and Friday. Their attorney Mark Geragos said "first day will be Erik, second day will be Lyle."

He described what else can be expected over the two days.

"There will be different parole board members each day. There will be different lawyers from the D.A.'s office each day, as well, is my understanding," Geragos said. "And you're going to have a different proceeding. Each brother, if you will, stands or falls on their own."

The board could decide whether they will walk free after more than three decades in prison for the murders of their parents.

How are Erik and Lyle Menendez eligible for parole now?

The Menendez brothers were made eligible for a parole hearing after a court resentenced them each from life without the possibility of parole to 50 years to life in prison (25 years to life for each of the two counts of first-degree murder).

Due to that resentencing, they are eligible for parole hearings now under youth offender parole laws.

How did Erik and Lyle Menendez respond after they were resentenced?

The brothers, who watched the resentencing hearing from prison, gave their own statements to the judge, admitting their guilt.

"I killed my mom and dad," Lyle Menendez told the judge. "I give no excuses."

Lyle Menendez admitted to committing perjury by lying in court in the '90s and he apologized to his family for years of lies and the shock and grief of the crimes.

Erik Menendez also admitted to lying for years and apologized.

"I committed an atrocious act," he told the judge. "... No justification for what I did."

Erik Menendez added that he's "come a long way on this path" of redemption and said, "I will not stop trying to make a difference."

What led to Erik and Lyle Menendez getting resentenced for the murder of their parents?

In May 2023, the Peacock docuseries "Menendez + Menudo: Boys Betrayed," a former member of the boy band Menudo said in an affidavit that he was raped by Jose Menendez when he was about 14.

Attorneys for the Menendez brothers then filed a habeas petition asking the court to reconsider the brothers' conviction and sentence in light of new evidence from the Menudo band member and from a letter Erik wrote about the abuse prior to the killings.

Then in September 2024, a Netflix crime drama about the brothers and the murders renewed the public's interest in the case.

A month later, more than two dozen relatives of the Menendez brothers announced a coalition urging authorities to review the case. The family asked Erik and Lyle's convictions to be thrown out, hold a new trial or resentence them in light of evidence suggesting the brothers were victims of their father's abuse.

A week later, then-Los Angeles County D.A. George Gascón recommended that a judge resentence the brothers.

Related Story: A timeline of the Menendez brothers' murder case

What is considered during a parole hearing?

Parole board members must decide whether the incarcerated person poses a risk of danger to society if released from prison, according to the California Department of Corrections and Rehabilitation.

To make the decision, the board will consider the person's criminal history and correction records about the person. The board will also hear statements from the person, victims' family, the district attorney's office and the public.

What is the Los Angeles County district attorney saying about the Menendez brothers' parole hearing?

Earlier this month, Los Angeles County District Attorney Nathan Hochman officially opposed the brothers' bid for parole.

On Wednesday, Hochman released a statement reiterating his opposition to the brothers' release.

"We have consistently opposed their release because they have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated, and therefore continue to pose a risk to society," Hochman said in the statement. "We will evaluate our final position based on the evidence presented at the hearing. "

Related Story: LA County DA files response opposing Menendez brothers' bid for new trial

What does the family of Erik and Lyle Menendez say about the parole hearing?

The Menendez brothers' family created the Justice for Erik and Lyle Coalition, which has advocated for the brothers releases for the past couple of years.

"As always, our family remains cautiously optimistic, grounding ourselves in the reality that California's parole process is incredibly rigorous, with low grant rates," the family said in a statement. "We respect that and know Erik and Lyle are prepared for that level of scrutiny."

In the statement, the family said Erik and Lyle Menendez have taken full responsibility for murders and shown "sincere remorse" to the family.

"Something that has really stayed with us, especially as we near the parole hearings, is what Judge (Michael) Jesic said during resentencing: that while Erik and Lyle have a stellar record, it was the letters of support from individuals who had never spoken up for an incarcerated person before that impacted him most," the family continued in the statement.

Related Story: How changing views are shaping the way many see the Menendez brothers' case

What happens after the parole hearing?

If parole is denied, the person can ask the Board to review the case for errors of fact and to see if corrected, would that lead to a different outcome.

If parole is granted, the parole board's chief counsel will take up to 120 days following the hearing to review the decision for legal or factual errors.

If the parole approval is upheld, the case is sent to .Gov. Gavin Newsom. Newsom will then have 30 days to either grant the parole, reverse the decision or modify it.

If granted parole, they'd be eligible for release immediately after the decision is finalized, which takes about five months, according to the CDCR.

"Newsom can also exercise his clemency power to pardon or release the Menendez brothers at any time," the DA's office said.

Related Story: Newsom discusses Menendez brothers case ahead of parole hearing