A huge break in the Erik and Lyle Menendez case arrived this week when a judge gave the brothers a new sentence for the 1989 killings of their parents, Kitty and Jose. Now, attention has turned to the big question on everyone’s lips: will they be released from prison?
Thanks to (or, some may argue, in spite of) Ryan Murphy’s Monsters: The Lyle and Erik Menendez Story, renewed focus was placed on the true crime case. The brothers were arrested and sentenced to life in prison on parole for murdering their parents at their Beverly Hills home.
However, ever since the first trial, Lyle and Erik have argued self-defense, alleging their parents subjected them to a lifetime of physical, sexual, and psychological abuse. New evidence has emerged to corroborate their claims, as well as changing attitudes towards male abuse survivors.
Despite a growing social movement to free the brothers, legal experts previously told Dexerto that revisiting old cases and altering convictions is rare – but not impossible. And now, it’s all changed thanks to a new ruling.
Have the Menendez Brothers been released from prison?
No, Erik and Lyle Menendez haven’t been released from prison yet. However, they’re now eligible for parole, making them one step closer to freedom.
On May 14, 2025, it was announced that Judge Michael Jesic had shortened the brothers’ sentence from life in prison without the possibility of parole to 50 years to life.
Although the Menendezs’ lawyers were previously hoping to have the first-degree murder charge changed to manslaughter, resentencing is the next best thing.
This doesn’t mean they’ll definitely be released. But Erik, 54, and Lyle, 57, are eligible for parole. If successful, they’ll leave prison under provisional release, a form of early release whereby the individual agrees to follow behavioral conditions, including check-ins with their parole officer.
How long they’ve served already
Erik and Lyle Menendez have been in prison for 35 years now, having been arrested and held in custody since March 1990. They are both currently serving their sentences at the Richard J. Donovan Correctional Facility in San Diego County, California.
They will remain behind bars while going through the parole process, which is set to get underway soon. But many of those involved believe they’ve served enough time and demonstrated rehabilitation.
As Judge Jesic said at the hearing (via the Guardian), “I’m not saying they should be released; it’s not for me to decide. I do believe they’ve done enough in the past 35 years that they should get that chance.”
The Menendez brothers’ cousin, Anamaria Baralt, added, “We all, on both sides of the family, believe that 35 years is enough. They are universally forgiven by our family.”
Both Erik and Lyle have spent the last 35 years rehabilitating themselves and using their experiences to help other prisoners.
This was expressed in court by former judge Jonathan Colby, who said he was impressed by the brothers’ programs to care for older and disabled inmates. “There’s not many prisoners I meet like Erik and Lyle that have such concern for the elderly,” he explained.
Former prisoner Anerae Brown also shared testimony in court, saying the Menendez brothers helped him lead a new life after his release. “I have children now. Without Lyle and Erik I might still be sitting in there doing stupid things,” he said.
When they might be released
Technically, they could be released in 2026, if parole is granted. Firstly, the parole board will schedule a hearing, which can take anywhere between a few months to a year or more – although it can take longer in high-profile cases such as the Menendez brothers’.
After the hearing, the board will either grant, deny, or defer parole. In California, there’s a review period after the decision is made, which can last up to 120 days. If parole is upheld, release typically happens a few weeks to a couple of months after that.
The reason Erik and Lyle are eligible for parole is thanks to California’s youth offender law. This allows those who committed their crimes before the age of 26 to receive a parole hearing during their 15th, 20th, or 25th year of incarceration, even if they were sentenced to 50 years to life.
Erik and Lyle were 18 and 21 years old, respectively, when they killed Kitty and Jose Menendez, and since they’ve already served 35 years, they’ve long met the criteria for a hearing.
Right now there are no definitive answers, but we can expect to hear updates in the months to come.
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