Judge clears path for Menendez brothers’ freedom bid as DA’s motion fails

The decades-long saga of Lyle and Erik Menendez took another significant turn after a Los Angeles judge ruled on April 12, 2025, that their resentencing hearing will move forward as scheduled on April 17 and 18. This decision came despite Los Angeles County District Attorney Nathan Hochman’s recent motion to withdraw a resentencing petition previously filed by his predecessor. Hochman’s request was ultimately denied from the bench following an extensive hearing.

The Menendez brothers, who have spent 35 years behind bars, are serving life sentences without the possibility of parole for the 1989 murders of their parents, José and Mary Louise “Kitty” Menendez. The high-profile case has resurfaced in the legal spotlight amid growing public and familial support for the brothers’ release, citing their traumatic upbringing and alleged sexual abuse at the hands of their father.

What are the key legal arguments behind the resentencing request?

The push for resentencing stems from a motion filed in 2023 by former Los Angeles County District Attorney George Gascón, who cited recent reforms in California‘s penal system allowing courts to revisit cases where defendants were under 26 years old at the time of the offense. At 21 and 18 years old respectively during the killings, Lyle and Erik Menendez are now eligible for reconsideration under these provisions.

Gascón’s motion supported reducing their sentence from life without parole to 50 years to life, based on several factors including evidence of childhood sexual abuse, psychological trauma, and rehabilitation in prison. Under California law, such a sentence would render them immediately eligible for parole due to time already served.

Nathan Hochman, appointed to lead the DA’s office in 2024, took a different stance. In March 2025, Hochman asked the court to reverse Gascón’s position, arguing that the brothers had failed to take full responsibility for the murders. In court filings and interviews, Hochman claimed the brothers have continued to propagate what he called a “bunker of lies,” especially in regard to their claims of abuse and the self-defense narrative they presented during their trials.

What happened during the court hearing that allowed resentencing to proceed?

At Friday’s hearing, the Menendez brothers appeared via video feed from prison, dressed in standard blue inmate uniforms. Lyle Menendez was seen taking notes while listening to the arguments. The session included a contentious three-hour presentation by the prosecution, featuring graphic crime scene photographs that prosecutors said illustrated the brutality of the murders. The defense, led by attorney Mark Geragos, strongly objected to this, accusing the DA’s office of re-traumatizing the Menendez family and sensationalizing the case for political gain.

Geragos criticized Hochman as a “’90s Neanderthal” for his outright dismissal of the sexual abuse allegations, asserting that the DA was ignoring decades of psychological insights and evidence that support the brothers’ claims. Geragos maintained that Lyle and Erik have long admitted their guilt, expressed deep remorse, and transformed their lives while incarcerated. He pointed to their rehabilitation work in prison, including mentoring other inmates and participating in restorative justice programs.

How has family support influenced the brothers’ resentencing bid?

In a rare and emotional interview aired the night before the court ruling, eight members of the Menendez family expressed their unanimous support for the brothers’ release. Among them was Terry Baralt, sister of José Menendez and aunt to the convicted brothers. Now 85 and battling colon cancer, Baralt gave her first public comments on the case in decades, saying Lyle and Erik are “like the boys I didn’t have.”

Baralt described the emotional burden of seeing her nephews imprisoned and spoke of the lost opportunity to see them build their lives. Her plea underscored a growing sentiment within the Menendez family that enough time has passed and that the brothers have paid their debt.

Diane VanderMolen, a cousin who has remained close to Erik and Lyle during their incarceration, said the brothers were “truly, deeply sorry” for their actions. She passed along a message from Erik, saying they are “profoundly remorseful” and committed to using their past to help others.

What other legal avenues are the Menendez brothers pursuing?

The resentencing hearing is just one of three possible legal paths toward freedom for the Menendez brothers. They have also submitted a clemency request to California Governor Gavin Newsom. In February 2025, Newsom ordered the parole board to conduct a 90-day comprehensive risk assessment to evaluate whether releasing the brothers would pose an “unreasonable risk to the public.” That report is due ahead of their independent parole board hearings scheduled for June 13.

The third legal route is a habeas corpus petition filed in 2023, seeking a review based on new evidence not presented at trial. This includes a letter written by Erik Menendez to his cousin eight months before the murders, detailing alleged sexual abuse by their father, and a 2023 statement from a former member of a 1990s boy band who accused José Menendez of sexually assaulting him as a child. DA Hochman has asked the court to dismiss this petition, arguing that the new evidence lacks credibility or admissibility.

How does public sentiment shape the ongoing debate?

The Menendez case has long polarized public opinion, but recent developments have shifted the narrative. What was once perceived as a cold-blooded crime by privileged teenagers is now being re-evaluated through the lens of childhood trauma, emotional abuse, and institutional reform. The rise of social media and true-crime documentaries, including renewed interest from Gen Z audiences, has also reignited scrutiny over the fairness of the original trial, which occurred during a period of limited understanding of abuse dynamics.

Legal experts note that California’s evolving approach to juvenile justice and sentencing reform—especially in cases involving trauma and rehabilitation—could influence how courts interpret the Menendez case going forward. With broader momentum across the state for reevaluating harsh sentences handed down to youthful offenders, the Menendez brothers’ case is emerging as a test of how the justice system balances retribution, rehabilitation, and redemption.

What are the implications of the judge’s decision to proceed with resentencing?

The judge’s ruling clears the way for Lyle and Erik Menendez to have their sentences officially reconsidered. If successful, the resentencing could convert their life without parole sentences to 50 years to life, making them eligible for immediate parole consideration under California law.

While no outcome is guaranteed, the proceedings represent the most significant opportunity in decades for the Menendez brothers to secure their release. With family support mounting, legal reforms aligning in their favour, and national interest in the case rekindled, the spotlight now shifts to the April hearing—and possibly beyond to Governor Newsom’s final decision.

In a case defined by tragedy, conflicting narratives, and generational trauma, the next chapter in the Menendez brothers’ legal journey may hinge not only on facts of the past but on society’s evolving understanding of justice and accountability.