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The Menendez Brothers: Could New Evidence Set Lyle and Erik Free?

The Menendez brothers’ habeas petition was denied, but resentencing created a separate parole route. Their next parole hearings were tentatively moved to March 2027.
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The new-evidence challenge did not free Lyle and Erik Menendez or win them a new trial. A judge denied their habeas petition in September 2025. A separate resentencing made them eligible for parole, but both were denied parole in August 2025. Their next hearings were reported as tentatively moved to March 2027—not as a decision to release them.

What new evidence was at issue?

The habeas petition relied on two items offered in support of the brothers’ claims that their father, José Menendez, had sexually abused them. One was former Menudo member Roy Rosselló’s allegation that José Menendez had sexually abused him. The other was a letter Erik Menendez purportedly wrote to his cousin Andy Cano before the murders, which was said to describe abuse.

These are allegations and evidence advanced in the case, not a new judicial finding that the alleged abuse was proven. In September 2025, Los Angeles County Superior Court Judge William C. Ryan denied the petition. The Los Angeles County District Attorney’s public summary of the ruling said the items, considered together, would not have created reasonable doubt. That is the DA’s account of the court’s reasoning, not a substitute for treating the underlying allegations as contested.

How do the two routes differ?

Route What it asks to change Who decides Where it stands
Habeas petition based on claimed new evidence The convictions, by seeking to reopen the case and obtain a new trial. A court. Judge Ryan denied the petition in September 2025.
Resentencing and parole The sentence and the possibility of release on parole; it does not itself overturn the convictions. A sentencing court determines the sentence. The California Board of Parole Hearings considers parole, with gubernatorial review potentially relevant. In May 2025, Judge Michael Jesic resentenced both brothers to 50 years to life, making them eligible for parole. The board denied both in August 2025. The next hearings were reported as tentatively advanced to March 2027.

What does the March 2027 hearing report mean?

The Associated Press reported in September 2026 that the brothers’ next parole hearings had been tentatively moved forward to March 2027 from August 2028 after administrative reviews. The department did not disclose why the schedule was advanced. The report does not establish that the board has granted parole, that release is imminent, or that the hearing date is final. A hearing is an opportunity for review, not a release order.

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How did the case reach this point?

  • 1989: José and Kitty Menendez were killed in their Beverly Hills home.
  • 1993: The brothers were tried separately, and the juries deadlocked. The defense argued that they had suffered abuse and feared their parents; prosecutors argued that financial motive explained the killings.
  • 1996: A joint retrial ended in convictions for first-degree murder and sentences of life without parole.
  • May 2023: The brothers filed the habeas petition based on the claimed new evidence.
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What to watch next

The next consequential development on the release track is whether the parole hearings proceed on the tentatively reported March 2027 schedule and what the board decides. The new-evidence petition and parole process remain distinct: the former sought to reopen the convictions, while parole concerns possible release under the resentenced terms.

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