What’s next in the Menendez brothers’ fight for freedom

After spending over 30 years in prison for the murders of their parents, Erik and Lyle Menendez may be weeks away from a decision that could change their fate. However, opposition from a newly appointed district attorney has raised doubts about their chances of securing a new trial or early release.

District attorney opposes new trial

Los Angeles County District Attorney Nathan Hochman has formally opposed the brothers’ request for a new trial. Their attorneys argue that newly uncovered evidence supports their claims of long-term sexual abuse by their father, but Hochman dismissed the argument, stating that it “does not constitute self-defense.”

While a judge will have the final say, Hochman’s opposition is a major setback, particularly since his predecessor, George Gascón, had championed the brothers’ bid for freedom.

Resentencing decision looms

The Menendez brothers’ strongest legal path may be their resentencing request, which could make them eligible for parole. California law allows district attorneys to request new sentences for convicted individuals, and Gascón had already filed a motion to do so before leaving office.

Hochman has yet to announce whether he will continue Gascón’s efforts or oppose resentencing. A two-day hearing is scheduled for March 20 and 21, and if resentencing is granted, the brothers would become immediately eligible for youthful parole, since they were under 26 at the time of the crimes.

Governor Newsom weighs clemency

If resentencing efforts fail, the Menendez brothers still have another avenue—clemency. Governor Gavin Newsom has the power to commute their sentences, which would immediately grant them freedom. However, he has not yet made a final decision.

On Wednesday, Newsom ordered a state Board of Parole investigation to assess whether the Menendez brothers would pose a threat to society if released. The results, expected within 90 days, will be shared with Hochman and the court before any final ruling.

Life after prison?

Despite their uncertain future, Erik and Lyle Menendez remain hopeful. Erik, who married while incarcerated, is eager to reunite with his daughter. Both brothers have focused on rehabilitation, creating support groups for inmates, advocating for trauma victims, and mentoring others behind bars.

Their family members, including the Justice for Erik and Lyle Coalition, have voiced strong support for their release. “Our family has been waiting 35 years for the justice system to acknowledge what we have always known,” the coalition said in a statement.

The final countdown

With major decisions expected in the coming weeks, the Menendez brothers’ future hangs in the balance. Whether through a new trial, resentencing, or clemency, their bid for freedom now depends on the courts and Governor Newsom.