Menendez brothers resentenced in 1989 murder of parents, giving them a chance at parole

The Menendez brothers, who have spent more than three decades behind bars after gunning down their parents in their Beverly Hills home, were resentenced Tuesday to 50 years to life in prison, meaning they are now eligible for parole.

Lyle and Erik Menendez had been serving life in prison without the possibility of parole in connection with the 1989 killings of Jose and Kitty Menendez.

The decision came at the end of a daylong hearing in Los Angeles County Superior Court, during which the lawyers for the brothers argued they no longer pose a risk to public safety. After their arrest in early 1990, the brothers always claimed they had been sexually abused for years by their father.

The killings, they said, were a form of self defense.

Ultimately, it will be up to a state parole board to determine if and when the brothers are released.

Still a high-profile case

The long-awaited hearing on Tuesday in a Van Nuys courtroom was attended by several members of the brothers’ extended family — some of whom pleaded with the judge to give Lyle and Erik Menendez a “second shot at life.”

Erik Mendendez is now 54 years old. Lyle Menendez is 57. They were 18 and 21, respectively, in 1989 when they committed the shotgun murders at the family mansion.

The case has drawn renewed interest after the recent release of a Netflix documentary and a dramatic series.

The resentencing hearing followed a request in October by former Los Angeles District Attorney George Gascón, who filed a motion with the court saying the brothers had been rehabilitated. Under California resentencing laws, district attorneys may request a hearing to determine if someone no longer poses a threat to society.

The current district attorney, Nathan Hochman, opposed resentencing, arguing the brothers had not taken full responsibility for their crimes and continue to pose a danger.

In a statement issued late Tuesday, Hochman said it was his office's job to make sure the court had all facts of the case before reaching a decision.

"This case, like all cases — especially those that captivate the public — must be viewed with a critical eye," the statement read in part. "Our opposition and analysis ensured that the Court received a complete and accurate record of the facts. Justice should never be swayed by spectacle.”

The Menendez brothers attended the hearing via video link from the Robert J. Donovan Correctional Facility in San Diego. They could be seen on screen in their prison blue uniform throughout the proceedings.

What the judge said

There was no jury. It was up to Superior Court Judge Michael Jesic alone to decide whether the two should be resentenced and if so, what the new sentence should be.

Before testimony began, Jesic said there was a legal presumption in favor of resentencing unless there was an “unreasonable risk” the brothers would commit any of a list of “super strikes” if released.

A wide range of crimes identified as “super strikes” include murder, rape and vehicular manslaughter while intoxicated, as well as all felonies punishable by life in prison.

In resentencing the brothers, the judge said it was time they got an opportunity for release.

“I do believe they’ve done enough over the last 35 years that one day they should get that chance,” he said.

“I think it's pretty amazing what they’ve done,” said Jesic, referring to the brothers' rehabilitation work on themselves and others in prison. He said he was particularly impressed by letters he had received from correctional officials in support of the brothers.

Family members weigh in

Three members of the Menendez family spoke at the hearing. Among them was a cousin, Annamaria Baralt, who said she has kept in close contact with the brothers during their incarceration.

“They don’t justify their actions,” Baralt said. “They have expressed empathy for us.”

“We believe 35 years in prison is enough,” she added.

Baralt said she didn’t believe the brothers would commit a super strike if released.

“I would bet my life on it,” she said.

On cross examination from a prosecutor, Baralt conceded she would not have believed before the killings that the brothers could murder their parents.

"You’re just as confident today as you were back then,” said Deputy District Attorney Habib Balian in an apparent attempt to undermine Baralt’s credibility.

As the deputy DA peppered Baralt with questions, Menendez attorney Mark Geragos pointed out that the witness was the family member of a victim and should be treated with respect.

"Cross examination is the greatest tool to find the truth,” Balian said in response.

The brothers speak in court

Attorneys for the Menendez brothers spent much of the hearing trying to convince the judge how much they had changed in the more than three decades spent behind bars.

“The transformation is incredible,” Baralt testified.

The judge said it was time they had an opportunity for release — one day.

“I think it's pretty amazing what they’ve done,” said Jesic, referring to the brothers' rehabilitation work on themselves and others in prison. He said he was particularly impressed by the letters he received from correctional officials in support of the brothers.

Before he resentenced the brothers, Jesic gave each of them a chance to speak.

“I committed an atrocious act,” said Erik Menendez. “I have no justification for what I did.”

He said he’s tried many times to put himself in his parents' shoes the night of the murders.

“I imagine their last moments over and over again,” he said.

The older brother, Lyle Menendez, said he could offer no excuse for his actions that night in August 1989. While making his comments, he also alluded to his and his brother's long-held contention that they were abused by their father and that they committed the murders in self-defense.

“Had I trusted others to help, I would not have committed these terrible crimes,” he said. “I believed nobody would believe me and my brother."

Balian, the deputy district attorney, said the brothers' claim of sexual abuse is evidence they are not ready for release.

“They stick to the same false story,” Balian said. “They haven’t changed. They are not trustworthy.”

The District Attorney's Office has argued that the brothers murdered their parents to gain early access to their inheritance. On Tuesday, the deputy district attorney recounted the killings in court, detailing how the brothers had reloaded their shotguns “as Kitty was lying on the floor writhing in pain.”

Lyle Menendez then shot his mother again in the head.

Balian questioned whether the brothers had admitted the "full depravity of their conduct," but he acknowledged that they had "done great things" in prison by participating in — and even starting — rehabilitation programs for others to take part in.

Lyle Menendez pledged to continue helping others if he is released.

“I plan on continuing to work with the survivor community and prison communities to change the culture of incarceration,” he told the judge.

According to the District Attorney's Office, the parole board is already scheduled to hold a hearing June 13 as part of a separate bid by the brothers for parole.