However, the brothers’ case has been under review, and the potential for resentencing and release is becoming more likely. As reported by The Hollywood Reporter in September 2024, a habeas corpus petition citing new evidence could lead to new sentences for the two. 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 Oct. 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. 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.”
“If I ask for a delay, it won’t be a delay for delay’s sake because I think the Menendez brothers, the victim family members, the public deserve to have a decision done as soon as it can be done in a thorough manner,” Hochman added.
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 are now scheduled to return to court on March 20, 2025, for a hearing to determine if they should be resentenced.
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.
