Menendez brothers resentenced to 50 years to life, eligible for parole

Erik and Lyle Menendez were resentenced on Tuesday to 50 years to life in prison, which makes them eligible for parole — the latest step in a years-long battle for the brothers trying to get released after 35 years behind bars.

The parole process will be long and could take years.

Erik and Lyle Menendez were initially sentenced to life without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez. They have the support of over 20 family members in their efforts to be freed.

After the resentencing, Erik Menendez released a statement on Tuesday night, saying, “I am touched and humbled by the outpouring of support.”

“This has to be the first step in giving people who have no hope in prison some hope,” he said. “My goal is to ensure there are no more people spending 35 years in prison without hope. That possibility of having hope that rehabilitation works is more important than anything that happened to me today.”

The brothers watched Tuesday’s much-anticipated resentencing hearing via video from prison and gave their own statements to Judge Michael Jesic.

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

He also admitted to committing perjury by lying in court in the 90s. He apologized to his family for years of lies and the shock and grief of the crimes.

“I committed an atrocious act,” Erik Menendez told the judge. “My actions were criminal, selfish and cowardly. … No excuse. No justification for what I did.”

He admitted to lying for years and apologized.

“I have come a long way on this path” of redemption, Erik Menendez said, adding, “I will not stop trying to make a difference.”

“This was absolutely a horrific crime,” the judge said. He noted that he was moved by letters from prison guards and is amazed by what the brothers have accomplished.

The brothers’ attorney Mark Geragos said after court, “I’m hopeful and glad that we’re one huge step closer to bringing the boys home.”

“This encourages people who are incarcerated to make the right decisions, to take the right path,” Geragos said, adding, “It’s just a win-win on so many levels.”

Menendez cousin Anamaria Baralt commended her cousins’ rehabilitation, telling reporters, “Ultimately, we are here today with this result because of Erik and Lyle. Because they chose to live their lives with clarity and a purpose of service that the judge was impressed by.”

Geragos called several Menendez relatives to the stand at Tuesday’s hearing, including Baralt.

Through tears, Baralt pleaded with Jesic to release her cousins, noting time is running out for them to be reunited with aging family members.

“They are very different men” than when they committed the murders, Baralt said, adding that “their transformation is remarkable.”

During cross-examination, Baralt told prosecutors that the brothers have taken full responsibility for the crimes and Lyle Menendez has admitted to asking a witness to lie at trial. But Baralt conceded they haven’t acknowledged some aspects of the case to her, as prosecutors argue the brothers haven’t admitted to the full extent of their crimes and cover-ups.

A retired judge who worked with therapy dogs said on the stand that the brothers are looked at as leaders and that they changed his views on inmate rehabilitation. He said he used to want to punish defendants, but because of the brothers and their work to help the elderly and other inmates, he now believes in rehabilitation.

The prosecution did not call any witnesses.

Jesic’s resentencing decision follows the recommendation made in October by then-Los Angeles County District Attorney George Gascón.

Gascón recommended the brothers’ sentences of life without parole be removed, and said they should instead be sentenced for murder, which is a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they’re eligible for parole immediately under California law.

Gascón’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the brothers’ conduct in prison, saying they rehabilitated themselves and started programs to help other inmates.

In November, Gascón lost his reelection bid to Nathan Hochman, who in March filed a motion to withdraw the resentencing petition, calling the brothers’ claims of self-defense part of a litany of “lies.” The judge denied Hochman’s request.

Tuesday’s resentencing hearing was a face-off between Geragos and Hochman, who wants to keep the brothers behind bars.

Geragos told reporters outside court on Tuesday, “There are no two better candidates in the state of California right now for resentencing than Erik and Lyle Menendez.”

“It’s a unicorn-style situation where you have horrific crimes — that nobody is walking away from — but also remarkable, remarkable, almost unparalleled rehabilitation and redemption,” he said.

At the time, Hochman told reporters, “The Menendez brothers have failed to come clean with the full extent of their criminal conduct, their cover-up, their lies and their deceit.”

Following the sentencing Tuesday, he released a new statement saying, “The decision to resentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice.”

“Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision,” the statement continued, with Hochman calling the case “a window for the public to better understand the judicial system.”

“This case, like all cases — especially those that captivate the public — must be viewed with a critical eye,” he continued. “Our opposition and analysis ensured that the Court received a complete and accurate record of the facts.”

A hearing was held May 9 to determine whether the resentencing case should include information from the California Board of Parole’s newly completed risk assessment, which was conducted as a part of a separate clemency path. The risk assessment came at the request of Gov. Gavin Newsom as a part of the brothers’ clemency bid; the brothers are pursuing multiple avenues to freedom, and the clemency path is separate from the resentencing path. Newsom can grant clemency at any time.

The risk assessment said Erik and Lyle Menendez pose a moderate risk to the community if they’re released.

The assessment revealed the brothers possessed illegal cellphones in prison, among numerous other violations, though many are not recent. However, Erik Menendez had a phone as recently as January of this year, which Hochman stressed was during the resentencing effort when he should have been on his best behavior.

The defense noted Erik Menendez had one write-up for violence 25 years ago and Lyle Menendez has had none.

Their next court appearance for the clemency case is June 13.