5 Things To Know About The Menendez Brothers’ Surprise Parole Hearing

After a judge earlier this week cleared the way for a state parole board to decide whether Lyle and Erik Menendez — convicted for the 1989 shotgun murders of their parents in Beverly Hills — should get a chance at release, parole officials made a surprising announcement Thursday when they said they are expediting the process.

Here are five things to know about the latest turn in the Menendez brothers’ case — and what might happen next.

1. Their parole hearings are happening sooner than expected

This week, a Los Angeles judge resentenced the brothers to 50 years to life in prison, making them eligible for parole. That marked a major development in just one of the multiple tracks for leniency the Menendez legal team are pursuing.

The brothers were already scheduled to appear before state parole officials on June 13 as part of them asking Gov. Gavin Newsom for clemency. Newsom ordered the parole board to review whether they pose a threat to public safety, a routine part of clemency applications.

In light of Tuesday's resentencing, a state parole board will instead consider on June 13 whether to recommend parole for the Menendez brothers, a spokesman for the state Department of Corrections and Rehabilitation said Thursday.

2. The governor has the ultimate say

The parole board's pivot to fully evaluate the brothers' parole eligibility on June 13 — instead of conducting the previously scheduled clemency hearing — is a result of Newsom withdrawing his request for the hearing.

But Newsom still has authority over the Menendezes bid for freedom.

If the parole board does decide the brothers are suitable for parole, a 90-day review period would follow and Newsom could still block their release on parole, the Los Angeles Times reported.

3. A recent law opened the door to possible release

Convicted for killing Jose and Mary Louise "Kitty" Menendez in their Beverly Hills home, the Menendez brothers were sentenced in 1996 to life in prison without the possibility of parole. Their new sentence of 50 years to life in prison, handed down Tuesday, means they'll immediately be eligible for parole — something that was not possible under their original sentence.

Though they've only served some 35 years behind bars, Lyle and Erik Menendez are eligible for parole now because they're considered "youthful offenders."

A 2017 law allows those convicted when they were 25 or younger to be eligible for parole hearings by their 25th year of incarceration, Cal Matters reported.

The state Department of Corrections & Rehabilitation explains the concept this way: "The idea of a youth offender parole hearing is based on scientific evidence showing that parts of the brain involved in behavior control continue to mature through late adolescence and that adolescent brains are not yet fully mature until a person is in his or her mid-to-late 20s. Specifically, the area of the brain responsible for impulse control, understanding consequences, and other executive functions is not fully developed until that time."

4. They're being evaluated separately

While the brothers were tried together, they're getting individual parole hearings.

The parole board will consider whether each of the brothers have taken accountability for their crimes, if they're likely to reoffend and if they have been rehabilitated.

Both brothers spoke at length via video from prison in San Diego during Tuesday's re-sentencing hearing — apologizing for their actions and expressing regret to relatives and even to their former neighbors in Beverly Hills. They also both gave emotional testimony about their work to turn their lives around and help fellow inmates.

"I killed my mom and dad," Lyle Menendez, 57, said in the opening of his 15-minute statement to the court. "I make no excuses. I take full responsibility for my choices."

He listed some of those choices: "the choice to shoot my mom and dad in their own home," "the choice of making a mockery of the legal system by soliciting perjury."

That reference to perjury speaks to issues Los Angeles County District Attorney Nathan Hochman had about supporting the brothers' bid for freedom. He called out what he said were a series of 20 lies the brothers told and argued they had to atone for them in order for the DA to support their resentencing.

In his statement, 54-year-old Erik Menendez discussed the murders of his parents, saying he had "committed an atrocious act against people who had every right to live."

"After the killings, I denied responsibility," Erik Menendez said. "I even blamed others. ... During the past 35 years, I have worked hard to find out what kind of person would kill their parents. For a long time, I lost hope and became self-destructive."

5. Not everyone is supportive of the brothers getting out of prison

Tuesday’s resentencing wasn’t universally supported. The move was backed by former District Attorney George Gascón, who focused on the brothers' long-held claims of abuse by their father and their rehabilitation in prison. But the current DA, Hochman, opposed it.

Hochman argued the brothers have yet to fully acknowledge their history of deceit, citing what he described as a pattern of dishonesty, including soliciting perjury.

He attempted to withdraw his office's participation in the proceedings and sway a judge to his side, but the judge was unconvinced.

Deputy District Attorney Habib Balian argued forcefully against any change to the brothers' sentence during Tuesday's hearing, telling the judge the pair had still not "fully understood the depth of their crime" or taken accountability for their efforts to recruit friends to lie on their behalf at trial.

"Are they trustworthy?" Balian said as Menendez family members grumbled. "They stick to the same false story. They haven't changed. They haven't found redemption ... they have no insight into their crimes. ... They are not ready yet."

However, Los Angeles Superior Court Judge Michael Jesic said he was convinced the brothers deserved a new sentence due to all the work they did in prison on behalf of the inmate population. The judge also noted unexpected letters he received in favor of the Menendez brothers from correction officers, including a lieutenant.

Hochman said Tuesday evening that his office's "unwavering commitment to presenting all relevant facts and perspectives was pivotal" to the court's ruling.

"The decision to re-sentence 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," Hochman said in a statement.

"The case of the Menendez brothers has long been 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. Our opposition and analysis ensured that the Court received a complete and accurate record of the facts. Justice should never be swayed by spectacle," he added.

City News Service contributed to this report.

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