Menendez

A judge has rejected Erik and Lyle Menendez’s petition for a new trial, ruling that additional evidence that they suffered sexual abuse at their father’s hands would not have changed the outcome of the trial that has put them in prison for more than 35 years for gunning down their parents.

The ruling, handed down by Los Angeles County Superior Court Judge William C. Ryan on Monday, is the latest blow to the brothers’ bid for release. Both were denied parole during lengthy hearings in late August.

A habeas corpus petition filed on behalf of the brothers in 2023 argued they should have been able to present additional evidence at trial that their father, Jose Menendez, was sexually abusive.

The new evidence included a 1988 letter that Erik Menendez sent to his cousin, Andy Cano, saying he was abused into his late teens. There were also allegations made by Roy Rosselló, a former member of the boy band Menudo, who claimed Jose Menendez raped him.

The brothers have long argued they were in fear for their lives that their father would keep abusing them, and that their parents would kill them to cover up the nightmarish conditions in their Beverly Hills home.

Prosecutors contended the brothers killed their parents with shotguns in 1989 to get access to their massive inheritance, and have repeatedly highlighted Erik and Lyle’s wild spending spree in the months that followed their parents’ deaths. .

“Neither piece of evidence adds to the allegations of abuse the jury already considered, yet found that the brothers planned, then executed that plan to kill their abusive father and complicit mother,” Ryan wrote. “The court finds that these two pieces of evidence presented here would have not have resulted in a hung jury nor in the conviction of a lesser instructed offense.”

Ryan agreed with Los Angeles County Dist. Atty. Nathan Hochman that the petition should not grant the brothers a new trial because the abuse evidence would not have changed the fact that the brothers planned and carried out the execution-style killings in the family living room.

Ryan wrote the new evidence would not have resulted in the trial court proceeding differently because the brothers could not show they experienced a fear of “imminent peril.”

A spokesperson for the group of more than 30 Menendez relatives who have been fighting for the brothers’ release did not immediately respond to a request for comment. A spokesman for the district attorney’s office was not immediately available for comment.

The gruesome killings occurred after the brothers used cash to buy the shotguns and attacked their parents while they watched a movie in the family living room.

Prosecutors said Jose Menendez was struck five times with shotgun blasts, including in the back of the head, and Kitty Menendez crawled on the floor wounded before the brothers reloaded and fired a final, fatal blast.

The petition rejected this week was one of three paths the Menendez legal team has pursued in seeking freedom for the brothers. Another judge earlier this year resentenced them to 50 years to life for the murders, making them eligible for parole after they were originally sentenced to life in prison.

Both were denied release at their first parole hearing, but could end up before the state panel again in as soon as 18 months. Clemency petitions are also still pending before Gov. Gavin Newsom.

The first trial ended with hung juries for each brother. In the second, allegations of abuse and supporting testimonies were restricted, and Lyle and Erik Menendez were convicted of first-degree murder in March 1996.

Aug. 27 (UPI) — Prosecutors seek a seven-year sentence for Nadine Menendez, the wife of former Sen. Bob Menendez, D-N.J., for her part in a bribery and corruption scheme.

Nadine Menendez, 58, is scheduled for sentencing on Sept. 11 in the U.S. District Court for Southern New York courtroom in Manhattan, where her husband was sentenced to 11 years in federal prison in January.

Nadine Menendez “did not commit bribery reluctantly, fleetingly or on a small scale,” federal prosecutors told U.S. District Court Judge Sidney Stein, as reported by The New York Times.

“She did so eagerly, for years, and in a scheme implicating foreign relations, national security and the integrity of state and federal law enforcement,” they argued.

“The defendant engaged, for years, in a corruption and foreign influence scheme of stunning brazenness, breadth and duration, resulting in exceptionally grave abuses of power at the highest levels of the legislative branch of the United States government,” prosecutors argued.

Her attorneys alternatively seek a sentence of one year and one day due to breast cancer treatment.

They said she can’t receive adequate care while in prison and sought leniency due to her growing up in war-torn Lebanon, enduring gender-based violence and having cancer, The Hill reported.

Federal prosecutors expressed a willingness for her to undergo recommended surgeries before surrendering for her eventual incarceration.

A jury in April found Nadine Menendez guilty on 15 counts related to the bribery scheme centered on her husband’s political corruption.

Federal prosecutors showed she accepted cash, gold and a Mercedes luxury automobile in exchange for political favors by Bob Menendez.

He chaired the Senate Foreign Relations Committee before resigning amid his legal troubles in 2023.

Two co-defendants, Fred Daibes and Wael Hana, also were found guilty on related charges and sentenced to three years and eight years, respectively, in January.

Access to the parole hearings this week for brothers Erik and Lyle Menendez was tightly controlled by state prison officials, but despite the efforts to limit outside interference and drama, the unexpected release of an audio recording nearly derailed Friday’s proceeding.

The disclosure of an audio recording of Erik’s parole hearing, held Thursday, tossed his older brother Lyle’s hearing into disarray the following evening.

The closely watched hearings gave the Menendez brothers a chance at freedom for the first time since they were convicted and sentenced to life in prison for the 1989 shotgun killings of their parents in Beverly Hills.

The state parole board denied a petition from Erik, 54, after an all-day session Thursday. Updates to the news media were provided by a Times reporter who was selected to observe the hearings from a conference room at California Department of Corrections Rehabilitation headquarters near Sacramento.

Audio recording of the hearing was forbidden except by state prison officials. Media organizations were prohibited from disseminating any information in so-called pool reports from the Times reporter until after the parole board issued its decision.

The same restrictions applied to Lyle’s hearing on Friday, which also ran long. But as the hearing came to a close, news broke that created a complication.

TV station ABC7 published a recording of Erik’s hearing, which apparently had been inadvertently handed over in response to a public records request.

A corrections department spokesperson confirmed the audio had been “erroneously” released, but did not elaborate or respond to additional questions from The Times.

The news report brought the hearing to a temporary halt, sparking anger, frustration and accusations that prison officials had purposely released the recording to cause a “spectacle.”

“This is disgusting,” said Tiffani Lucero Pastor, one of the brothers’ relatives who at one point screamed at the members of the parole board. “You’ve misled the family, and now to compound matters, you’ve violated this family and their rights.”

Heidi Rummel, parole attorney for both Erik and Lyle Menendez, asked for a break during the already nine hours long hearing, and at one point asked that the meeting be adjourned, arguing that it was no longer a fair hearing because of the audio’s release.

“We are sitting here asking Mr. Menendez to follow rules,” she said during the hearing. “And in the middle of this hearing, we find out CDCR is not following its own rules. It’s outrageous.”

The fate of Lyle, 57, had not yet been decided, but the board had denied Erik’s release after questioning him extensively about his use of contraband cellphones and other violations of prison rules.

“I don’t think you can possibly understand the emotion of what this family is experiencing,” Rummel said. “They have spent so much time trying to protect their privacy and dignity.”

The Menendez brothers first saw a chance at parole after Los Angeles County Dist. Atty. George Gascón petitioned a judge to have their sentences reduced to 50 years in prison.

The move made them eligible for parole, but new Dist. Atty. Nathan Hochman moved to oppose the petition after he defeated Gascón in the November election. L.A. County Superior Court Judge Michael Jesic denied Hochman’s request and found that prosecutors failed to show that the Menendez brothers were a danger to the public, clearing their path to the parole board.

The case, and the brothers’ petitions, has continued to generate nationwide attention, including a social media effort that pushed to have the Menendez brothers released in light of allegations the two were sexually abused by their father.

With the case already under a microscope, the release of the audio file created yet another roller coaster of speculation and doubt.

Parole Commissioner Julie Garland said that audio of the hearings could be released under the California Public Records Act, and that transcripts of the parole hearings usually become public 30 days after a decision is issued, under state law.

Rummel noted during the hearing that, as a parole attorney, she had requested audio of parole hearings in the past but the requests had been denied.

“It’s highly unusual,” she said during the hearing Friday. “It’s another attempt to make this a public spectacle.”

Rummel had objected to media access to the hearing, and implied at one point that media access had led to a “leak.”

Rummel did not immediately respond to a request for comment.

“It’s unacceptable,” said Maya Emig, an attorney representing Joan Vandermolen, Kitty Menendez’s sister. “There has to be notice given.”

Rummel asked whether the board also planned to release the audio of Lyle Menendez’s hearing.

“What policy allows for this to happen in this hearing but literally no other hearing?” Rummel asked the board. “It’s never been done.”

At one point, Rummel said she would be looking to seal the transcript of the hearing under Marsy’s Law, which provides rights and protections to victims of crimes.

Garland stated that audio from Friday’s hearing would not be released publicly until Rummel had the opportunity to object in court or contest its release.

Shortly after, Rummel said several relatives of the brothers had decided not to testify because of the release of the audio.

“It’s my impression from the family members that that’s not enough of an assurance,” she said.

The two-member parole board ultimately decided the audio incident would not deter them from making a ruling late Friday evening. They rejected Lyle’s request.

Both brothers will be eligible for parole in three years, but they can petition for an earlier hearing in one year.

SACRAMENTO — A day after his younger brother was denied release, Lyle Menendez also saw California parole officials reject his bid for freedom, ruling he will remain behind bars for now for the 1989 shotgun murders of his parents.

The parole board grilled Menendez, 57, over his efforts to get witnesses to lie during his trials, the lavish shopping sprees he and his brother Erik, 54, took after their parents’ killings, and whether he felt relief after the murders.

“I felt this shameful period of those six months of having to lie to relatives who were grieving,” Menendez told the board. “I felt the need to suffer. That it was no relief.”

As the elder brother, Menendez said he at times felt like the protector of Erik, but that he soon realized the murders were not the right way out of sexual abuse they were allegedly suffering at the hands of their parents.

“I sort of started to feel like I had not rescued my brother,” he said. “I destroyed his life. I’d rescued nobody.”

The closely watched hearing for Lyle Menendez, one of the most well-known inmates currently in the state’s prison system, was thrown into disarray Friday afternoon after audio of his brother’s parole hearing on Thursday was publicly released.

The audio, published by ABC 7, sparked anger and frustration from the brothers’ relatives and their attorney, who accused the California Department of Corrections and Rehabilitation of leaking the audio and tainting Lyle’s hearing.

A CDCR spokesperson confirmed the audio was “erroneously” issued in response to a records request, but did not elaborate or immediately respond to additional questions from The Times.

“I have protected myself, I have stayed out of this, I have not had a relationship with two human beings because I was afraid, and I came here today and I came here yesterday and I trusted that this would only be released in a transcript,” said Tiffani Lucero-Pastor, a relative of the brothers. “You’ve misled the family.”

Heidi Rummel, Lyle Menendez’s parole attorney, also criticized CDCR, accusing the agency of turning the hearing into a “spectacle.”

“I don’t think you can possibly understand the emotion of what this family is experiencing,” she said. “They have spent so much time trying to protect their privacy and dignity.”

After the audio was published, Rummel said family members who planned to testify decided not to speak after all, and said she would be looking to seal the transcripts of Friday’s hearing.

Parole Commissioner Julie Garland said regulations allowed for audio to be released under the California Public Records Act. Transcripts of parole hearings typically become public within 30 days of a grant or denial, under state law.

During his first-ever appeal to the state parole board, Lyle Menendez was questioned over his credibility.

Garland referred to Menendez’s appeal to get witnesses to lie, plans to escape, and lies to relatives about the killings as a “sophistication of the web of lies and manipulation you demonstrated.”

Menendez said he had no plan at the time, there was just “a lot of flailing in what was happening.”

“Even though you fooled your entire family about you being a murderer, and you recruited all these people to help you … you don’t think that’s being a good liar?” Garland asked.

Menendez said the remorse he felt after the crimes perhaps helped create a “strong belief” he didn’t have anything to do with the killings.

Dmitry Gorin, a former Los Angeles County prosecutor, said the board’s decision denying parole was consistent with past decisions involving violent crimes.

“Although this is a high-profile case, the parole board rejecting the release demonstrates that it seeks to keep violent offenders locked up because they still pose a risk to society,” Gorin said. “Historically, the parole board does not release people convicted of murder, and this case is no different.

He called the decision a win for Los Angeles Dist. Atty. Nathan Hochman, who has opposed the brothers’ release.

The brothers were initially sentenced to life without the possibility of parole for the killings of their parents Jose and Kitty Menendez, but after qualifying for resentencing they gained a chance at freedom.

Many family members have supported their cause, but the gruesome crime and the brothers’ conduct behind bars led to pushback against their release.

The killings occurred after the brothers purchased shotguns in San Diego with a false identification and shot their parents in the family living room.

The bloody crime scene was compared by investigators to a gangland execution, where Jose Menendez was shot five times, including once in the back of the head. Evidence showed their mother had crawled, wounded, on the floor before the brothers reloaded and fired a final, fatal blast.

The brothers reported the killings to 911, according to court records. Soon afterward, prosecutors during the trial noted, the two siblings began to spend large sums of money, including buying a Porsche and a restaurant, which was purchased by Lyle. Erik bought a Jeep and hired a private tennis instructor.

Prosecutors argued it was access to their multimillion-dollar inheritance that prompted the killing after Jose Menendez shared that he planned to disinherit the brothers.

But during the trials, the Menendez brothers and relatives testified that the two siblings had undergone years of sexual and physical abuse at the hands of their father.

In contrast to their frenzy around their trial, Thursday and Friday’s parole hearings were quiet — yet occasionally contentious — affairs.

A Times journalist was the only member of the public allowed to view the hearing on a projector screen in a room inside the agency’s headquarters outside of Sacramento.

During the Friday hearing, the parole board quickly dived into the allegations that the brothers were sexually assaulted by their father, which Lyle Menendez said confused and “caused a lot of shame in me.”

“That pretty much characterized my relationship with my father,” he said, adding that the fear of being abused left him in a state of “hyper vigilance,” even after the abuse stopped and his father began to abuse Erik.

“It took me a while to realize that it stopped,” Menendez said. “I think I was still worried about it for a long time.”

Growing up, he said, taking care of his younger brother gave him purpose, and helped to protect him from “drowning in the spiral of my own life.”

Menendez alleged his mother also sexually abused him, but said he did not share it during his comprehensive risk assessment because he “didn’t see it as abuse really.”

“Today, I see it as sexual abuse,” he said. “When I was 13, I felt like I was consenting and my mother was dealing with a lot and I just felt like maybe it wasn’t.”

Board members also questioned Lyle Menendez on why he didn’t mention the possibility they were removed from their parents’ will in their submissions to the board, but Menendez contended their inheritance was not a motive in the killings.

Instead, he said, it became “a problem afterward” as they worried they would have no money after their parents’ deaths.

“I believe there was a will that disinherited us somewhere,” he said.

The result of Thursday’s hearing means Erik can’t seek parole again for three years, a decision that left some relatives and supporters of the younger brother stunned.

“How is my dad a threat to society,” Talia Menendez, his stepdaughter, wrote on Instagram shortly after the decision was made. “This has been torture to our family. How much longer???”

In a statement issued Thursday, relatives said they were disappointed by the decision and noted that going through Lyle’s hearing Friday would be “undoubtedly difficult,” although they remained “cautiously optimistic and hopeful.”

Friends, relatives and former cellmates have touted the brothers’ lives behind bars, pointing to programs they’ve spearheaded for inmates, including classes for anger management, meditation, and helping inmates in hospice care.

But members of the board questioned both siblings about their violation of rules, zeroing in at times about repeated use of contraband cellphones.

During the hearing Friday, Lyle said he sometimes used cellphones to keep in touch with family outside the prison. But Deputy Parole Commissioner Patrick Reardon questioned this explanation, and asked why Menendez needed a cellphone if he could make legitimate calls from a prison-issued tablet.

The rule violation, board members pointed out, had resulted in Menendez being barred from family visits for three years.

Reardon pointed out that Menendez pleaded guilty to two cellphone violations in November 2024 and in March 2025. Menendez was also linked to three other violations, although another cellmate of his took responsibility for those violations.

Menendez said the violations occurred when he lived in a dorm with five other inmates, and admitted the use of cellphones was a “gang-like activity.” The group, he said, probably went through at least five cellphones.

Heidi Rummel, Menendez’s parole attorney, argued in her closing that despite the cellphone issues, Menendez had no violent incidents on his prison record.

“This board is going to say you’re dangerous because you used your cellphones,” she said. “But there is zero evidence that he used it for criminality, that he used it for violence. He didn’t even lie about it.”

But members of the board repeatedly focused on what seemed to be issues of credibility. Reardon said at times it felt like Menendez was “two different incarcerated people.”

“You seem to be different things at different times,” Reardon said during the hearing. “I don’t think what I see is that you used a cellphone from time to time. There seems to be a mechanism in place that you always had a cellphone.”

Garland asked Menendez about whether he used his position on the Men’s Advisory Council — a group meant to be a liaison on issues between inmates and prison administrators — to manipulate others and gain unfair benefits.

Menendez said the position gave him access to wall phones, and used the position to help him barter or gain favors.

Garland also pointed to an assessment that found Menendez exhibited antisocial traits, entitlement, deception, manipulation and a resistance to accept consequences.

Menendez said he had discussed those issues, but that he didn’t agree he showed narcissistic traits.

“They’re not the type of people like me self-referring to mental health,” he said, adding that he felt his father displayed narcissistic tendencies and lack of self-reflection. “I just felt like that wasn’t me.”

Menendez pointed to his work to help inmates in prison who are bullied or mocked.

“I would never call myself a model incarcerated person,” he said. “I would say that I’m a good person, that I spent my time helping people. That I’m very open and accepting.”

The parole board applauded Menendez’s work and educational history while in prison, noting he was working on a master’s degree.

Despite the violations, Menendez argued he felt he had done good work in prison.

“My life has been defined by extreme violence,” he said, tears visible on his face. “I wanted to be defined by something else.”

State parole officials had not yet publicly announced that Erik Menendez would remain behind bars, but word of the outcome was already spreading among his family members early Thursday evening.

Stunned and angry at the decision, some relatives took to social media just as news broke that Menendez, 54, had been denied parole for the 1989 shotgun murders of his parents, a grisly crime committed with his older brother, Lyle.

“How is my dad a threat to society,” Talia Menendez, his stepdaughter, wrote on Instagram. “This has been torture to our family. How much longer???”

In the all-caps post, Menendez’s daughter castigated the parole board, calling them “money hungry media feeding pieces of trash” after the decision.

“You will not have peace until my dad is free!!!!” she wrote in a following post.

A hearing for Lyle, 57, began Friday morning, leaving family members who support his case clinging to hope his ruling will be different.

Originally sentenced to life without parole, the brothers eventually qualified for resentencing because they were under 26 years old at the time of the killings.

Several petitions and legal filings went nowhere for decades, but their case received renewed attention after the popular Netflix series “Monsters: The Lyle and Erik Menendez Story” sparked a social media interest in their case, and the sexual abuse the two siblings alleged was perpetuated by their father, Jose Menendez.

A superior court granted their resentencing petition in May, paving the way for the parole hearings this week.

More than a dozen relatives of the two brothers testified in favor of parole during the Thursday hearing for Erik Menendez, and were also expected to speak for Lyle as well.

After a nearly 10-hour hearing Thursday, Parole Commissioner Robert Barton commended the support Menendez received from his family.

“You’ve got a great support network,” he said Thursday before pointing to Erik Menendez’s repeated violation of prison rules by using a contraband cellphone. “But you didn’t go to them before you committed these murders. And you didn’t go to them before you used the cellphone.”

Erik’s wife, Tammi Menendez, blasted the decision.

“Parole Commissioner Robert Barton had his mind made up to deny Erik parole from the start!” she wrote on X. “This was a complete setup, and Erik never stood a chance!”

Anamaria Baralt, a Menendez cousin and the family spokesperson, tried to remain positive in a video posted on Instagram, noting he could re-apply for parole in three years.

“Erik was given the lowest possible denial time,” she said. “It’s disappointing. we are certainly disappointed as a family.”

However, she said she was proud of Menendez as he addressed the parole board for the first time, something the family did not view as a possibility a few years ago.

“We knew this was a steep climb,” she said in the video. “California is very rigorous in its standards. Not many people get out on parole on their first try. So it wasn’t entirely a surprise. But it is nonetheless very disappointing.”

According to the Prison Policy Initiative, a research and advocacy group that pushes for criminal justice reform, the vast majority of inmates who go before the board are denied parole.

A recent study of parole rates across the states by the Prison Policy Initiative found that 14% of parole hearings in 2022 resulted in approval.

“While we respect the decision, [Thursday’s] outcome was of course disappointing and not what we hoped for,” the Menendez family said in a statement. “But our belief in Erik remains unwavering and we know he will take the Board’s recommendation in stride. His remorse, growth, and the positive impact he’s had on others speak for themselves.”

Family, friends and cellmates have commended the two brothers for their work inside prison in the past few years, referring to them as “mentors” for other prisoners and spearheading programs inside prison walls.

Lyle Menendez spearheaded a beatification project at Richard J. Donovan Correctional Facility, and his brother has organized artwork for the project.

The two have started programs dealing with anger management, meditation, and assisting inmates in hospice care.

But Thursday‘s hearing also aired struggles and issues the younger sibling has faced during more than three decades in prison, including drug and alcohol use, fights with other inmates, instances of being found with contraband, and allegations he helped a prison gang in a tax fraud scheme in 2013.

Members of the parole board spent several minutes in particular asking about being caught multiple times with a cellphone, which he said he used to speak with his wife, watch YouTube videos, pornography, and look for updates on his case in the media.

Menendez said he paid about $1,000 for the phones, and said he did not consider the impacts the devices could have in the prison system.

“I knew 50, 60 people that had phones,” he said Thursday. “I just justified it by saying if I don’t buy it someone else is going to buy it. The phones were going to be sold.”

It was in January that he said a lieutenant had an extended talk with him about the impacts, including how someone must smuggle the phone, how it must be paid for, how it corrupts staff, and how they can be used for more criminal activity.

Despite the connection phones provided to the outside, Menendez said, it was later that he realized the effect that using one was having on his life, now that the prospect of freedom was possible.

“In November of 2024, now the consequences mattered,” he told the board. “Now the consequences meant I was destroying my life.”

Los Angeles County Dist. Atty. Nathan Hochman, who has opposed parole and resentencing for the two brothers, applauded the decision by the board.

“The California Board of Parole has rightly decided against granting parole to Erik Menendez,” he said in a statement. “This ruling does justice for Jose and Kitty Menendez, the victims of the brutal murders carried out by their sons on Aug. 20, 1989.”

Hochman said that, during their time in prison, the brothers have continued to claim they killed their parents in self-defense, but pointed out that their parents suffered shotgun blasts to the back and at point-blank range during the killings.

“The Board correctly determined that Erik Menendez’s actions speak louder than words, and that his conduct in prison and current mentality demonstrates that he still poses an unreasonable risk of danger to the community.”

SACRAMENTO — Erik Menendez will not be released, the California Parole board decided in a highly-anticipated and lengthy hearing Thursday, curtailing for now the contentious push by he and his older sibling to be freed after the 1989 killing of their parents in their Beverly Hills home.

The hearing came after years of legal efforts by Menendez and his brother to be set free despite being convicted of life without the possibility of parole in 1995. Their jury trial, and accounts of an abusive upbringing in the upscale Beverly Hills home, inspired several documentaries and television series that drew renewed attention to their case and allegations of sexual abuse against their father.

The hearing — the first time Erik Menendez, 54, has faced the California Parole Board — offered a never-before seen glimpse into his life behind bars over more than three decades. A separate hearing for Lyle, 57, is set for Friday.

The hearing, Erik Menendez noted, was 36 years and a day after his family realized his parents were dead. The killing occurred on Aug. 20, 1989.

“Today is the day all of my victims learned my parents were dead,” he said. “So today is the anniversary of their trauma journey.”

After a nearly 10-hour hearing, the board decided to deny parole to Menendez for three years. He could petition for an earlier hearing.

“This is a tragic case,” said Robert Barton, parole commissioner, after issuing the decision. “I agree that not only two, but four people, were lost in this family.”

Relatives, friends, and advocates have described the Menendez brothers as “model inmates,” but during the hearing Thursday members of the Parole Board raised concerns about drug and alcohol use, fights with other inmates, instances in which Erik Menendez was found with a contraband cell phone, and allegations that he helped a prison gang in a tax fraud scam in 2013.

More than a dozen relatives testified in favor of release for Menendez, with many of them saying they had forgiven him and his brother for the killing. Although amazed by the famiy’s support, Barton said Menendez should not be released on parole.

“Two things can be true,” Barton said. “they can love and forgive you and you can still be found unsuitable for parole.”

In a statement, a spokesperson for relatives of the two siblings said they were disappointed.

“Our belief in Erik remains unwavering and we know he will take the Board’s recommendation in stride,” the family said in a statement. “His remorse, growth, and the positive impact he’s had on others speak for themselves. We will continue to stand by him and hold to the hope he is able to return home soon.”

They said they remained “cautiously optimistic” for Lyle Menendez, whose hearing was set for Friday.

Menendez testified he obtained cell phones despite risking discipline because he didn’t believe there was a chance of him ever being released. He took the gamble, he said, because the “connection with the outside world was far greater than the consequences of me getting caught with the phone.”

He also associated with a gang, he said, for protection.

That all changed in 2024, he said, when he realized there was a chance be paroled at some point.

“In November of 2024, now the consequences mattered,” he told the board. “Now the consequences meant I was destroying my life.”

The crime that put Menendez and his brother in prison began when the siblings drove to San Diego, bought shotguns with cash using someone else’s identification, then returned home and opened fire in the family living room while their parents were watching television.

Investigators have said the gruesome crime scene looked like the site of a gangland execution. Jose Menendez was shot five times, including once in the back of the head, and evidence showed Kitty Menendez crawled on the floor, wounded, before the brothers reloaded and fired a final, fatal blast.

The brothers called 911, with Lyle screaming that “someone killed my parents,” according to court records. But while they appeared as grieving orphans, Erik and Lyle also began spending large sums of money in the months following the killings. Lyle bought a Porsche and a restaurant while Erik purchased a Jeep and retained a private tennis instructor with the intentions of turning pro. The two were infamously seen sitting courtside at an NBA game between the murders and their capture.

Prosecutors argued the brothers killed their parents out of greed to get access to their multi-million dollar inheritance. Jose was planning to disinherit the brothers since he considered them failures, according to court filings. The brutality of the crimes and the juxtaposition of such violence against the family’s Beverly Hills image turned the case into an international media circus, only rivaled at the time by the O.J. Simpson trial.

While mobs of reporters also circled the brothers resentencing hearings in Van Nuys earlier this year, Thursday’s parole hearing was a much more solemn and quiet affair. With the state Department of Corrections and Rehabilitation tightly controlling media access, a Times journalist was the only member of the public allowed to view the hearing on a projector screen in a room inside the agency’s headquarters just outside Sacramento.

The parole hearing is not meant to re-litigate details of the case or the brothers’ roles in the killings, but members of the board questioned Menendez Thursday on details of the grisly murders, which the brothers and supporters in their family were committed because they had suffered sexual abuse at the hands of their father.

“In my mind, leaving meant death,” Menendez told the board Thursday when asked why he didn’t leave the house, or go to police. “My absolute belief that I could not get away. Maybe it sounds completely irrational and unreasonable today.”

Menendez said he and his brother purchased the shotguns because they believed their parents might try to kill them, or that his father would go to his room to rape him.

“That was going to happen,” he said. “One way or another. If he was alive, that was going to happen.”

Asked why the two killed their mother as well, Erik Menendez said the decision was made after learning she was aware of the abuse, and the siblings saw no daylight between the two.

“Step by step, my mom had shown she was united with my dad,” he said at the hearing. “On that night I saw them as one person. Had she not been in the room, maybe it would have been different.”

He said the moment he found out his mother was aware of the alleged abuse was “devastating.”

“When mom told me…that she had known all of those years. It was the most devastating moment in my entire life,” he said. “It changed everything for me. I had been protecting her by not telling her.”

Asked if he believed his mother was also a victim to his father’s abuse, Erik Menendez said, “definitely.”

“He was beating her because I failed,” he said.

After denying parole, Barton pointed to their decision to kill their mother, calling it a decision “devoid of human compassion.”

“The killing of your mother especially showed a lack of empathy and reason,” Barton said. “I can’t put myself in your place. I don’t know that I’ve ever had rage to that level, ever. But that is still concerning, especially since it seems she was also a victim herself of domestic violence.”

Menendez was visibly overcome with emotion when discussing details of the murder, although he did not appear to cry.

After the murders, Menendez said the spending sprees between he and his brother, including buying a Rolex, were an “incredibly callous act.”

“I was torn between hatred of myself over what I did and wishing that I could undo it and trying to live out my life, making teenager decisions,” he said.

Erik eventually confessed to the killings in discussions with a therapist, and L.A. County sheriff’s deputies found a letter in Lyle’s jail cell admitting to the murders. After jurors hung in their first trial, Erik and Lyle Menendez were convicted of first-degree murder in 1996.

L.A. County Deputy Dist. Atty. Habib Balian opposed parole for Menendez during the hearing, arguing he lied to the parole board and had minimized his role in the killings during the hearing.

“When one continues to diminish their responsibility for a crime and continues to make the same false excuses that they’ve made for 30-plus years, one is still that same dangerous person that they were when they shotgunned their parents,” Balian said Thursday. “Is he truly reformed, or is he just saying what wants to be heard?”

Menendez, Balian argued to the board, was still a risk to society and should not be released.

Interest in the brothers case was revived in recent years following a popular Netflix series, “Monsters: The Lyle and Erik Menendez Story.” The popular show aired after a Peacock docuseries, “Menendez + Menudo: Boys Betrayed,” uncovered additional evidence of Jose Menendez’s alleged sexual abuse of his children and others, including Roy Rosselló, a member of the boy band Menudo.

The new evidence was part of the brothers’ most recent legal appeal in the case. More than 20 of the brothers’ relatives formed a coalition pushing for their freedom, arguing they had spent enough time imprisoned for a pair of killings that were motivated by years of horrific abuse.

Last year, Los Angeles County Dist. Atty. George Gascón petitioned a judge to re-sentence Erik and Lyle to 50-years-to-life in prison, making them eligible for parole. After he defeated Gascón in the November 2024 election, new Dist. Atty. Nathan Hochman quickly moved to oppose the re-sentencing petition, going as far as to transfer the prosecutors who authored it and asking a judge to disregard Gascón’s filing.

L.A. County Superior Court Judge Michael Jesic denied that request. After finding prosecutors failed to prove the brothers were a danger to the public, Jesic granted the resentencing petition in May, clearing the path for Thursday’s parole hearing.

Fellow inmates and rehabilitation officials have described the two as “mentors,” spearheading programs and projects for inmates.

The two have created programs to deal with anger management, meditation, assisting inmates in hospice care and to improve conditions inside prison.

Lyle spearheaded a Rehabilitation Through Beautification project at Richard J. Donovan prison, to work on upgrades and create green space in the prison, along with painting a 1,000-foot mural. Erik has worked with other inmates to do the artwork for the project.

But members of the board questioned Menendez on various incidents, including a fight in 1997.

Menendez said another inmate hit him first, but admitted that he “acted aggressively” as well. In another fight, Menendez said he “fought back” in self-defense.

Members of the board also questioned Menendez on multiple incidents that he was found with contraband, including art supplies, candles, spray cans, and cell phones that Menendez said he would pay about $1,000 to obtain.

Some of the art supplies he used to decorate his cell, he said.

Menendez said he also gave other inmates access to the phone, because “if it was someone that I trusted or someone that I knew had a phone I didn’t want to tell him no.”

He said he used the phones to speak wiht his wife, watch YouTube videos and pornography.

“I really became addicted to the phones,” he said.

During the hearing, Barton said he was concerned about the number of support letters that refer to Menendez as a model inmate, saying it could minimize the impact of cell phones in the prison.

Menendez said it wasn’t until later that he realized the larger impact that cell phones could have, despite how prevalent they could be in prison.

“I knew of 50, 60 people that had phones,” he said. “I just justified it by saying if I don’t buy it someone else is going to buy it. The phones were going to be sold, and I longed for that connection.”

But in January, he said, he had an in-depth with a lieutenant and took a criminal thinking class that made him reassess.

“The damage of using a phone is as corrosive to a prison environment as drugs are,” he said. “In the sense that someone must bring them in, they must be paid for, it corrupts staff…phones can be used to elicit more criminal activity.”

Members of the board spent a significant amount of time questioning Menendez on the use of contraband phones, and also pointed to them as part of their reasoning in denying parole.

“Your institutional misconduct showed a lack of self awareness,” Barton said. “You’ve got a great support network. But you didn’t go to them before you committed these murders. And you didn’t go to them, before you used the cell phone.”

Dmitry Gorin, a former prosecutor, said Menendez decision to break the rules while in prison affected his chances at winning release, even though he was young when he was convicted.

“If you’re not going to comply with the rules in prison, you’re not going to comply out in society — that’s what they’re saying here,” Gorin said. “The big picture here is without serious medical issues or being elderly, I don’t know anyone who killed two people who has been paroled.”

Nancy Tetreault, an attorney for former Charles Manson follower Leslie Van Houten, said despite public support for parole, Erik was considered moderate risk in the comprehensive risk assessment. To have a better chance at release, he would have to be considered low risk, she said.

“That’s very hard to overcome,” she said.

The two brothers were also involved in classes, but also would need to be more involved in rehabilitative programs for a favorable decision, Tereault said.

“Yes, they have a lot of classes and things like that that I was reading the classes they’ve put together, like meditation, for insight, that they’re leaving it, but they need to, they need to start programming,” she said.

Menendez admitted to drinking alcohol and briefly using heroin at one point in prison, which he said he tried because he was “miserable” and feeling hopeless.

“If I could numb my sadness with alcohol, I was going to do it,” he said. “I was looking to ease that sadness within me.”

Members of the board also asked Menendez about his connection to a prison gang and a tax fraud scam in 2013, but did not discuss details of the scheme.

Menendez said part of the reason he associated with members of the gang, known as 25s or Dos Cinco, was fear of his safety.

“When the 25ers came and asked for help, I thought this was a great opportunity to align myself with them and to survive,” Erik Menendez said, adding that he thought he needed to keep himself safe since he had no hopes of being paroled at the time. “I was in tremendous fear.”

The gang was in charge of the prison yard, he said, and a member approached him about the scheme, although Menendez said he did not personally control the checks. The gang also supplied him with marijuana, he siad.

Much changed after 2013, Erik Menendez said, and he curbed his use of drugs and alcohol. At one point, members of the gang also believed he had become an informant.

“I did not like who I was in 2013,” Erik Menendez said. “From 2013 on I was living for a different purpose. My purpose in life was to be a good person.”

In Oct. 14, 2023, his mother’s birthday, he said he committed to stop using drugs, he told the board.

Deputy Parole Commissioner Rachel Stern asked Menendez about his work with hospice inmates, including a World War II veteran convicted of an unspecified sexual violence crime that Menendez helped with getting his meals and bedding.

Menendez said he saw his work with the inmate as a way to make amends for his father.

Menendez apologized to his family during the hearing, noting their support.

“I just want my family to understand that I am so unimaginably sorry for what I have put them through,” he said. “I know they have been here for me and they’re here for me today, but I want them to know that this should be about them. It’s about them and if I ever get the chance at freedom I want the healing to be about them.

More than 35 years after murdering their parents in a volley of shotgun blasts, brothers Erik and Lyle Menendez are the closest to freedom since they were arrested and sentenced to life in prison.

The siblings — who infamously gunned down their mother and father in 1989 at the family’s Beverly Hills home — will go before a California parole board this week.

In recent years, the brothers have become a cause celebre amid mounting evidence that the slayings followed years of sexual abuse by their father.

A Los Angeles County judge agreed to resentence them earlier this year over the objections of L.A.’s top prosecutor.

Now, if the parole board finds they have been rehabilitated, the brothers could soon be sent home to reunite with the family members who have spent years fighting for their release.

But just because the brothers were resentenced doesn’t mean the parole process will be smooth sailing.

When are the hearings? Can I watch?

The brothers will each have individual hearings. Erik, 54, will go before the board at 8:30 a.m. on Thursday. The hearing for Lyle, 57, will take place at approximately the same time on Friday. Each hearing is expected to last between two and three hours, and the board will likely make a decision immediately, according to the California Department of Corrections and Rehabilitation.

Parole board hearings take place over video conference. The brothers will appear from a room in the Richard J. Donovan Correctional Facility in San Diego. The Los Angeles County district attorney’s office and the brothers’ parole attorney, Heidi Rummel, will also appear remotely.

While parole hearings are a matter of public record, CDCR does not live stream the events. A Times reporter will watch the hearing live in Sacramento and publish the results immediately after.

How does a parole board hearing work? Who gets to speak?

The bulk of a parole board hearing involves the commissioners questioning the person who is seeking release from prison. But other parties play a role as well.

Los Angeles County Dist. Atty. Nathan Hochman, or a prosecutor from his office, will be able to argue against release.

The district attorney’s office filed a 75-page “statement of view” with the parole board which details what prosecutors describe as the brothers’ “shifting stories” about the night of the murders. Such details include their attempts to arrange for an alibi and the fact that they “convincingly and repeatedly” lied to investigators and relatives that the killings must have been a mafia hit.

Hochman and his prosecutors have also attacked the idea that the brothers killed in self-defense. Despite the abuse allegations against their father, prosecutors say there is no evidence that Jose or Kitty planned to kill the brothers on the night of the murders.

Normally, the family of the victim in a case would also be able to speak against release if they so chose. However, the vast majority of Kitty and Jose Menendez’s living relatives want the brothers set free and formed a coalition to advocate for Erik and Lyle years ago. Several of them intend to speak and others have submitted letters in support of the brothers, according to Laziza Lambert, a family spokeswoman.

Milton Anderson, Kitty Menendez’s brother, was opposed to Erik and Lyle’s release but he died earlier this year. His attorney, R.J. Dreiling, said he does not have standing to take part in the hearings and it was unclear what, if any, record will be made of Anderson’s objections.

Why are the brothers eligible for parole? What factors will the parole board consider?

The brothers won their resentencing hearing in May. Former Dist. Atty. George Gascón sought to have the brothers resentenced to 50-years-to-life in prison last year, and L.A. County Superior Court Judge Michael Jesic agreed because Hochman’s prosecutors could not prove that Erik and Lyle posed an unreasonable risk to the public.

Since the brothers were under the age of 26 at the time of the murders, the reduced sentence made them eligible for parole under California’s youthful offender law.

The parole board must consider a wide array of factors, according to CDCR, including an applicant’s criminal history, level of self-control at the time of crime, their behavior while in prison and personal growth over that time, their post-release plans and the facts of the crime itself.

“The parole board must give great weight to the youth of the brothers at the time of the crime, and ultimately decide if they pose an unreasonable risk to public safety,” said Dmitry Gorin, a former Los Angeles County prosecutor.

While Gorin said there is a “strong case” for the brothers to receive parole, he also noted it is rare for the board to grant freedom to convicted killers, especially in a case with the level of brutality seen in the Menendez slayings. The fact that the brothers admitted to wrongdoing in the killings in open court earlier this year might aid them, according to Gorin.

The brothers could face blistering opposition from Hochman and his prosecutors, who sought to revisit the bloody crime scene time and time again during Erik and Lyle’s resentencing hearing.

“We have consistently opposed their release because they have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated, and therefore continue to pose a risk to society,” the district attorney’s office said in a statement. “We will evaluate our final position based on the evidence presented at the hearing.”

The parole board can also consider any violations of CDCR rules in the brothers’ files, and some recent alleged slip-ups by Erik and Lyle have raised the eyebrows of legal experts.

“They have serious rule violations, including fights, including not coming in from the yards when they were told to. That doesn’t sound that bad, but it can be, depends on what they were doing in the yard,” said Nancy Tetrault, who successfully represented Leslie Van Houten, a devout follower of Charles Manson, before the parole board in 2023.

Tetrault also noted that the brothers have been caught with cell phones behind bars, a violation of prison rules that could be problematic for the parole board.

“It’s a very serious rule violation,” she said. “Why? Because that is the connection to criminality outside of prison.”

Both Gorin and Terault said it is unlikely that the board would render different decisions each day. Given they are accused of the same crime, the results of Erik’s hearing on Thursday will likely forecast what happens to Lyle 24 hours later.

What happens after the decision?

If the parole board grants release for one or both brothers, Gov. Gavin Newsom will have the right to review or reject the decision within 120 days. While Newsom hasn’t publicly commented on the case — and has separately considered granting the brothers’ clemency — his track record on high-profile parole cases doesn’t bode well for the brothers.

When the parole board granted release for Sirhan Sirhan — the man convicted of assassinating Robert F. Kennedy in downtown Los Angeles — Newsom overruled them. The governor also overruled the parole board multiple times when they sought to release Van Houten, though his decision was eventually thrown out by a California appeals court.

Newsom declined through a spokeswoman to comment before the hearing on whether he believed the brothers should be released.

If the board denies the brothers, a new hearing can be set anytime within the next three to 15 years. Applicants can petition for a new hearing earlier than that if they argue the circumstances of their case have changed.

“For example, if they completed, you know, an intense class on inside or something like that, and they think that they deserve to be heard within a year,” Tetrault said.

Newsom could also refer the decision to the entire state parole board for a second opinion, as he did in the case of convicted killer Stephanie Lazarus, a former LAPD detective.

The brothers would still have other paths to freedom even without parole. Newsom could still grant them clemency, and a motion for a new trial is still working its way through the legal system.

NEW YORK — Former U.S. Sen. Bob Menendez arrived at a federal prison on Tuesday to begin serving an 11-year sentence for accepting bribes of gold and cash and acting as an agent of Egypt. The New Jersey Democrat has been mocked for the crimes as “Gold Bar Bob,” according to his own lawyer.

The Federal Bureau of Prisons confirmed that Menendez was in custody at the Federal Correctional Institution, Schuylkill in Minersville, Pa. The facility has a medium-security prison and a minimum-security prison camp. Given the white-collar nature of his crimes, it’s likely he’ll end up in the camp.

The prison is about 118 miles west of New York City. It’s home to about 1,200 inmates, including ex-New York City organized crime boss James Coonan and former gas station owner Gurmeet Singh Dhinsa, whom the New York Post dubbed “Gas-Station Gotti” for his ruthless, violent ways.

Menendez, 71, maintains his innocence. Last week, a federal appeals court rejected his last-ditch effort to remain free on bail while he fights to get his bribery conviction overturned. A three-judge panel on the 2nd U.S. Circuit Court of Appeals denied his bail motion.

Pleading for leniency, Menendez told a judge at his sentencing in January: “I am far from a perfect man. I have made more than my share of mistakes and bad decisions. I’ve done far more good than bad.”

Menendez has also appeared to be angling for a pardon from President Trump, aligning himself with the Republican’s criticisms of the judicial system, particularly in New York City.

“This process is political and it’s corrupted to the core. I hope President Trump cleans up the cesspool and restores the integrity to the system,” Menendez told reporters after his January sentencing.

In X posts that were made on Tuesday and later deleted, Menendez criticized prosecutors as politically motivated and opposed to his foreign policy views, and praised Trump for “rising above the law fare.”

Menendez resigned last year after he was convicted of selling his clout for bribes. FBI agents found $480,000 in cash in his home, some of it stuffed inside boots and jacket pockets, along with gold bars worth an estimated $150,000 and a luxury convertible in the garage.

In exchange, prosecutors said, Menendez performed corrupt favors for New Jersey business owners, including protecting them from criminal investigations, helping in business deals with foreign powers and meeting with Egyptian intelligence officials before helping Egypt access $300 million in U.S. military aid.

Menendez, who once chaired the Senate Foreign Relations Committee, resigned a month after his conviction. He had been in the Senate since 2006.

Two business owners were also convicted last year along with Menendez.

His wife, Nadine Menendez, was convicted in April of teaming up with her husband to accept bribes from the business owners. Her sentencing is scheduled for Sept. 11.

At his sentencing, Menendez’s lawyers described how the son of Cuban immigrants emerged from poverty to become “the epitome of the American Dream” — rising from mayor of Union City, N.J., to decades in Congress — before his conviction “rendered him a national punchline.”

“Despite his decades of service, he is now known more widely as Gold Bar Bob,” defense lawyer Adam Fee told the judge.

Sisak and Neumeister write for the Associated Press. AP reporter Michael Catalini in Trenton, N.J., contributed to this report.

When a Los Angeles County judge resentenced Erik and Lyle Menendez on Tuesday, he offered the brothers a path to freedom for the first time since they were given life in prison for killing their parents with shotguns in 1989.

The latest development makes Lyle, 57, and Erik, 54, eligible for parole — but that is just one of three avenues that could enable them to walk free after 35 years behind bars.

In the coming months, several different judges, parole commissioners and even Gov. Gavin Newsom could still have a hand in the brothers’ fate.

When could they get parole?

Tuesday’s decision by L.A. County Superior Court Judge Michael Jesic modifies the brothers’ original sentence to 50 years to life. Under the state’s youthful offender law, both are immediately eligible for parole because the shootings happened before they turned 26.

A parole hearing probably will be scheduled before the end of the year, according to lawyers working with the Menendez defense team. At the hearing, a panel of commissioners could deem the brothers suitable for parole, but that decision is not final on its own. A 90-day review period would follow, and Newsom could block their release.

Nothing had been scheduled as of Wednesday. At a parole hearing, the brothers will have to take accountability for their crimes and argue to commissioners that they are unlikely to re-offend. In statements delivered in court on Tuesday, they appeared contrite and emotional when revisiting the murders.

“My actions were criminal, selfish, cruel and cowardly,” Erik Menendez said Tuesday. “I have no excuse, no justification for what I did. … I take full responsibility for my crimes.”

Lyle also said he made “no excuses” for felling his mother and father with shotgun blasts, and apologized to the nearly two dozen relatives who have spent years fighting for his release.

“I’m so sorry to each and every one of you,” Lyle told the court Tuesday. “I lied to you and forced you into a spotlight of public humiliation you never asked for.”

How else could they be released?

Before the resentencing process began, Erik and Lyle’s attorneys also filed an application for clemency with Newsom. If the governor grants clemency, their sentence would be commuted immediately and they could walk right out of the Richard J. Donovan Correctional Facility in San Diego, where they’ve been housed for years.

A remote clemency hearing is scheduled for June 13, with the brothers set to appear virtually before the parole board. On that day, the board can make a recommendation to Newsom on their suitability for release — which could also forecast their fortunes at an eventual parole hearing.

There is no timeline for Newsom to act on the clemency application, and he is not required to respond to it. The governor has already announced a potential change to statewide parole processes in connection with the case.

The brothers also have a pending petition for a new trial. In the motion, defense attorney Mark Geragos pointed to additional evidence of sexual abuse committed by Jose Menendez, including a fresh allegation from a member of the boy band Menudo.

The brothers have long argued they carried out their crime for fear their parents would kill them to cover up years of sexual abuse committed by Jose.

What’s next for the district attorney?

Los Angeles County Dist. Atty. Nathan Hochman thrust himself into the center of the Menendez case even before he was elected, attacking his predecessor’s decision to seek to have the brothers resentenced last year despite having no access to files on the case.

Hochman asserted that former Dist. Atty. George Gascón filed the petition only to save his failing reelection bid and promised to review the case after he was inaugurated.

In March, Hochman formally announced his opposition to their resentencing, saying the brothers still had not shown proper “insight” into their crimes by atoning for lies they told about their motives in the case and attempts to get witnesses to give fabricated testimony at their original trials.

Despite Jesic repeatedly warning prosecutors that those arguments weren’t legally appropriate for a resentencing hearing, Hochman’s team barreled ahead, ultimately ending in the most high-profile loss of Hochman’s early tenure as district attorney.

Hochman said Wednesday he still considered his opposition to their resentencing a success because it presented to the judge, parole board and governor — all of whom would have a say in the brothers’ fate — a “full record of the facts.”

Hochman maintained that he did not believe the brothers should be released and said prosecutors will “participate” in any future parole hearings.

Hochman could also potentially appeal Jesic’s ruling. The district attorney’s office did not immediately respond to an inquiry about that approach.

Times staff writers Richard Winton and Matthew Ormseth contributed to this report.

Erik and Lyle Menendez, the infamous brothers convicted of brutally murdering their parents more than three decades ago, have had their sentences reduced today in Los Angeles

Two brothers who murdered their parents more than three decades ago have their sentences cut.

Erik and Lyle Menendez had been caged for life without parole but this punishment has been slashed to 50 years to life, making them eligible for parole under California’s youthful offender law. The law applies to those who committed crimes under the age of 26 — Erik was 18 and Lyle 21 when they killed Jose and Kitty Menendez in 1989.

And Superior Court Judge Michael Jesic told the packed courtroom in Los Angeles: “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 brothers, who appeared via livestream, remained largely stoic — though Erik cracked a smile when a cousin praised his recent A+ grades in college courses behind bars.

Appeared via livestream video, they spoke for the first time in court before the ruling. Lyle said in a statement to the court: “I killed my mom and dad. I make no excuses and also no justification. The impact of my violent actions on my family … is unfathomable.”

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The ruling means the decision now lies with California’s parole board, who will determine whether the pair still pose a risk to the public.

The sensational case remains one of America’s most talked-about family tragedies, reignited recently by hit Netflix dramas and a wave of public support.

Attorneys for Erik and Lyle Menendez must prove the pair have been rehabilitated during their time in prison and deserve a lesser sentence of 50 years to life.

Such a ruling that would make them eligible for parole under California’s youthful offender law, since both were under 26 when they killed their parents.

READ MORE: ‘I was jailed for 38 years for murder I didn’t commit – but I’m not angry or bitter’

Their high-profile defence lawyer Mark Geragos told reporters outside court that he wants the charges dropped to manslaughter, and for the brothers to be given time served.

This move would effectively grant them immediate release. At least seven family members are expected to testify in support during the hearings, highlighting the level of backing the brothers continue to receive.

While Los Angeles County prosecutors are opposing the resentencing, arguing the pair haven’t fully accepted responsibility, Geragos fired back:

“The purpose of resentencing is to encourage rehabilitation — that is the law, not relitigate the facts of the crime as the D.A. wants to do.”

Former District Attorney George Gascón has already paved the way, citing new understandings of trauma and the brothers’ lengthy rehabilitation behind bars, including their educational achievements and support work with fellow inmates.

The resentencing hearing for brothers Erik and Lyle Menendez kicked off Tuesday morning with emotional testimony from family members, one of whom testified in court that they should be freed from prison for the shotgun killing of their parents more than 30 years ago.

Annmaria Baralt, often wiping away her tears, testified that the relatives of victims Jose and Kitty Menendez want a judge to give the brothers a lesser sentence than life without parole for the 1989 murders inside their Beverly Hills mansion.

“Yes, we all on both sides of the family say 35 years is enough,” she told Los Angeles Superior Court Judge Michael Jesic in a Van Nuys courtroom. “They are universally forgiven by both sides of their families.”

Baralt, whose mother was Jose Menendez’s older sister, said the family had endured decades of pain from the scrutiny of the murders.

“From the day it happened… it has been a relentless examination of our family in the public eye,” she said, beginning to cry. “It has been torture for decades.” She said the family was the butt of repeated jokes on “Saturday Night Live” and lived like outcasts who wore a “scarlet M.”

The Menendez brothers have been in prison for more than 35 years after being sentenced to life without the possibility of parole in the gruesome 1989 murders. The brothers bought shotguns with cash and opened fire as their mother and father watched a movie. Jose Menendez was shot five times, including in the kneecaps and the back of the head. Kitty Menendez crawled on the floor, wounded, before one of the brothers reloaded and fired a fatal blast, jurors heard at their two trials.

On the stand Tuesday, Baralt echoed the brothers’ justification for killing their parents — saying it was out of fear their father was going to kill them to cover up his past sexual abuse of the boys.

She told the judge that she believes they have changed and are “very aware of the consequences of their actions.”

“I don’t think they are the same people they were 30 years ago,” she said.

If Jesic agrees to resentence them, the brothers would become eligible for parole under California’s youthful offender law, since the murders happened when they were under 26. If the judge sides with Los Angeles Dist. Atty. Nathan Hochman, they would still have a path to freedom through Gov. Gavin Newsom, who is weighing a clemency petition. Regardless, Erik and Lyle would still have to appear before the state parole board before they could walk free. Jesic on Tuesday emphasized that the bar to keep them from being resentenced is high, and that they would have to still pose a serious danger to the public.

Prosecutor Habib Balian spent the morning trying to punch holes in the brothers’ relatively clean reputations they’ve gotten behind bars.

Under cross-examination, Baralt admitted that she never thought her cousins were capable of killing their parents until they’d done it, and that prior to their criminal trial decades ago, Lyle Menendez had asked a witness to lie for him on the stand.

Nearly two dozen of the brothers’ relatives, including several who testified Tuesday, formed the Justice for Erik and Lyle Coalition to advocate for their release as interest in the case reignited in recent years. The release of a popular Netflix documentary on the murder, which included the unearthing of additional documentation of Jose Menendez’s alleged sexual abuse, helped fuel a motion for a new trial.

The family has become increasingly public in its fight for Erik and Lyle’s release after Hochman opposed his predecessor’s recommendation to re-sentence them. They have repeatedly accused Hochman of bias against the brothers, called for him to be disqualified from the case and alleged he intimidated and bullied them during a private meeting. Hochman has denied all accusations of bias and wrongdoing, and says he simply disagrees with their position.

Kitty Menendez’s brother, Milton, was the only member of the family opposed to Erik and Lyle’s release, but he died earlier this year. Kathy Cady, who served as his victims’ rights attorney, is now the head of Hochman’s Bureau of Victims’ Services, another point of aggravation for the relatives fighting for the brothers release.