This week could decide if the Menendez brothers walk free: What you need to know

The deaths of Kitty and Jose Menendez shocked the world in 1989, and the subsequent murder convictions of their two sons, Erik and Lyle, ensured that the case became one of the most astonishing in U.S. legal history.

At the time each brother was sentenced to two consecutive sentenced of life in prison without parole. The case received a new wave of attention in 2024 when ‘The Menendez Brother’ film was released on Netflix. The documentary interviewed the brothers and offered a different view of the shocking case, which sparked calls for a re-sentencing.

Earlier this year they got their wish and the brothers were re-sentenced to 50 years to life, opening the possibility of parole after more than 30 years in prison. They will appear for their first session in front of the parole board on August 21 and 22, where they have the possibility of being released from custody.

The two- or three-person board will decide whether each brother “currently poses an unreasonable risk of danger to society if released from prison” and if they may be safe to return to society.

In theory, the review could take up to 120 days as the board considers the future of the two brothers. Their case for release will be helped by the rehabilitative work that Eric and Lyle Menendez have done while in prison. Erik has helped to found a hospice program for terminally ill inmates, while Lyle has worked on a program that helps inmates come to terms with childhood trauma.

But even if the parole board opts for release, the Menendez brothers will still have one more hurdle to clear. California Governor Gavin Newsom has the final say, giving him the option to uphold, reject, modify or refer back the board’s decision. This right is given to the governor only in cases involving convicted murderers.

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