The brothers’ case has been under review. Per The Hollywood Reporter, a habeas corpus petition citing new evidence could have lead to new sentences for the two siblings. The 2023 petition includes a sworn statement from former Menudo member Roy Rosselló, who alleged that he was sexually assaulted by the brothers’ father, José, in the 1980s. Additionally, the petition highlights a letter Erik wrote to a cousin months before the killings, suggesting he was a victim of abuse. At the time, former District Attorney George Gascón confirmed that a new court hearing was scheduled for November 29, 2024.
Gascón also filed a motion on October 30, 2024, supporting the Menendez brothers’ request for clemency from Governor Gavin Newsom. Describing the brothers as “model prisoners,” Gascón told CNN that he believes there is a strong likelihood they would be granted parole if the case reaches the parole board. An attorney for one of the brothers expressed hope that they could be home in time for Thanksgiving.
However, Gascón was replaced by former federal prosecutor Nathan Hochman, who took office on December 2, 2024. After winning the election, he stated that he would need time to review the case files before taking a stance on the resentencing.
“I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defense counsel, and the victims’ family members. Only then can I make a decision. If for some reason I need additional time, I will ask the court for that time.”
A resentencing hearing, initially scheduled for December 11, 2024, was postponed. On November 25, 2024, Judge Jesic explained that he needed more time to review the case and wanted to give District Attorney Hochman the same opportunity. The new hearing dates were set for January 30 and 31, 2025, but were postponed again.
The Menendez brothers were scheduled to return to court on March 20, 2025, for a hearing to determine if they should be resentenced. However, DA Hochman announced he asked the court to reject Lyle and Erik’s request for a new trial.
“We looked again at the credibility of the letters, particularly this Andy Cano 1988 supposed letter weighed in the continuum of lies, and it calls into drastic question whether this is in fact a 1988 letter written by Erik Menendez to Andy Cano about this sexual abuse,” Hochman said.
In February 2025, ahead of their hearing, California Governor Gavin Newsom urged the parole board to conduct a thorough risk assessment of the Menendez brothers. This investigation will determine whether they would pose a danger to the public if granted parole.
A month later, weeks before their resentencing hearing, Hochman said he does not support the brothers’ possible resentencing and claimed that Lyle and Erik have been telling “lies” for decades.
Judge Jesic held a hearing on April 11 to announce that resentencing proceedings will continue on April 17 and 18.
Where Are Lyle and Erik Now?
Both Lyle and Erik are serving their sentences at the Richard J. Donovan Correctional Facility in California. They were reunited in 2018 at the prison, after initially being sent to separate prisons following their 1996 conviction.
During their time apart, Lyle spoke to PEOPLE in 2017, sharing that, despite the crime, the ordeal brought them closer. They stayed in touch by playing chess through the mail and writing letters to each other. “We’re not twins, but when you’ve gone through the kind of chaotic childhood that we had, it’s almost like you are. You have that bond and that shared experience,” he said.
