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Los Angeles County District Attorney George Gascón recommended resentencing Erik and Lyle Menendez on October 24, 2024. That recommendation did not change their sentences: a judge had to decide. Judge Michael Jesic resentenced them to 50 years to life in May 2025, making them eligible for parole. Parole was not granted in the reported 2025 hearings; the brothers’ next hearings were later reported as tentatively scheduled for March 2027.
What did the Los Angeles DA recommend?
On October 24, 2024, then-District Attorney George Gascón announced that he would recommend resentencing Erik and Lyle Menendez. His office said it had reviewed evidence presented by the defense, met with family members, and considered the brothers’ prison rehabilitation and behavior. Gascón said the case would go before a judge, who would decide whether to reduce the sentences. The county’s announcement also described the office’s review factors as including age at the time of the crime, trauma or abuse not considered at original sentencing, and whether time already served was sufficient for accountability. Those were the office’s stated considerations, not a complete account of every legal criterion.
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The DA’s office reported that it had reviewed or was actively reviewing 705 cases and that 332 resentencings had resulted as of its October 2024 announcement. Those are the office’s figures for that time, not current totals. The announcement explains the context for those numbers.
Why did the DA’s position change?
After Gascón left office, District Attorney Nathan Hochman announced on March 10, 2025, that his office opposed the earlier resentencing motion and sought to withdraw it. Hochman’s stated view was that the brothers had not shown full insight or accepted responsibility. That was the DA’s position, not an independent finding about their state of mind. His office said it remained prepared to proceed with court-initiated resentencing. The March 2025 statement sets out the office’s position.
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Who decides whether a sentence is reduced?
The district attorney can ask for a reduced sentence, but cannot grant one. The judge decides whether resentencing is appropriate. Gascón put it plainly in the county’s October 2024 release: “Although the District Attorney may request an individual’s sentence be reduced, decisions to reduce sentences are made by judges.” The release’s FAQ explains the distinction.
How did the case reach this point?
Erik and Lyle Menendez were tried separately in 1993 for the 1989 killings of their parents. Both juries failed to reach verdicts, producing mistrials. At retrial in 1995, juries convicted them of first-degree murder. In 1996, they were sentenced to life in prison without the possibility of parole. Gascón’s 2024 announcement states that Lyle was 21 and Erik was 18 at the time of the killings. The county’s case history summarizes those proceedings.
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The parties disputed the brothers’ account of the killings. The DA’s 2024 release described the defense as arguing that they acted from an honest but unreasonable belief that they were in danger; it described prosecutors at the retrial as arguing that the abuse claims were fabricated. Those are opposing legal positions, not a neutral resolution of the disputed abuse narrative. The DA’s release recounts both positions.
Were the Menendez brothers resentenced?
Yes. On May 13, 2025, Judge Michael Jesic resentenced both brothers to 50 years to life. The Los Angeles County DA’s office reported that the new sentences made them eligible for parole; it did not mean they would automatically be released. The county’s May 2025 announcement describes the result and the roles of the parole board and governor in any release decision.
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Are they eligible for parole, and when are the next hearings?
Resentencing created parole eligibility, but eligibility is not the same as parole being granted. The DA’s office reported that Erik Menendez was denied parole in August 2025 and would next be eligible in three years. That August 21, 2025 statement concerns Erik’s hearing.
An Associated Press report dated September 8, 2026 said the brothers’ petitions for earlier hearings had been granted and their next parole hearings were tentatively moved up to March 2027. The report said the department did not give a reason for granting the earlier hearings. The date is tentative, and a hearing is not a release decision. The AP report provides that update.
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Did the habeas ruling undo the resentencing?
No. In September 2025, Hochman said a judge had denied the brothers’ habeas petition seeking a new trial. That separate ruling did not undo the May resentencing. In the same statement, Hochman said he had long described the possibility of resentencing or parole as “not never, but not yet.” The DA’s September 17, 2025 statement gives his characterization of the habeas ruling and his comment.
Further background on the case
For readers who want a book-length account, Robert Rand’s The Menendez Murders, Updated Edition is a case-focused option. The publisher lists it as a book about the Menendez case; it is background reading, not a substitute for court records or official statements. Simon & Schuster’s listing provides the publisher’s details.
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