When Is the Menendez Brothers’ Retrial? Latest Update on Their Court Hearing

Lyle and Erik Menendez, who are currently serving life in prison, have a court hearing set for December. Learn more about their case, both past and present, below.

Lyle and Erik Menendez have once again become a major point of interest as they continue to serve life sentences without parole for the 1989 murder of their parents, José and Kitty Menendez.

Their case gained renewed attention first through Ryan Murphy‘s Monsters: The Lyle and Erik Menendez Story, followed by a Netflix documentary that featured previously unreleased phone call recordings between the brothers and director Alejandro Hartmann from the Richard J. Donovan Correctional Facility in San Diego, where they are incarcerated.

With this renewed focus, new evidence, and an upcoming court hearing, Lyle and Erik, now 56 and 53, may have a chance at freedom. For readers to stay updated on the Menendez brothers’ case, HollywoodLife has compiled all the key information below.

Is the Menendez Case Being Reopened?

Erik and Lyle’s resentencing hearing has been scheduled for December 11. The date was set on October 30 by Los Angeles County Superior Court Judge Michael Jesic, after prosecutors submitted a recommendation for the brothers’ resentencing. Los Angeles County prosecutors have recommended that the brothers receive a new sentence of 50 years to life. Because they were under 26 years old at the time of the crimes, they would be eligible for parole immediately under a California law that went into effect in 2018.

The Menendez brothers previously had a court hearing set for November 29, 2024, according to Variety, which followed the discovery of evidence suggesting that their father, Jose, sexually abused his children.

“We have been given evidence, including a photocopy of a letter allegedly sent by one of the brothers to another family member, discussing being the victim of molestation,” Los Angeles District Attorney George Gascón shared, per the outlet. He also mentioned, “We’ve received evidence provided by the defense, including claims from a member of the Menudo band who alleged he was molested by the father.”

According to the Los Angeles District Attorney Office, Gascón stated in October 2024, “I strongly support clemency for Erik and Lyle Menendez, who are currently serving sentences of life without possibility of parole. They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates.”

Roy Rosselló, a former member of the Puerto Rican boy band sensation Menudo, spoke out in the 2023 Peacock documentary Menendez + Menudo: Boys Betrayed, where he alleged that he was abused by the music executive when he was 14.

Will There Be a Retrial?

It is currently unclear if the brothers will face a retrial, but options for resentencing and possible clemency have been set into motion by Gascón. However, he was recently unseated by former federal prosecutor Nathan Hochman, who is set to take office on December 2.

Hochman revealed his preliminary plan for the case, telling CNN, “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.”

He added, “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.”

According to the Newsom’s office, “The Governor respects the role of the District Attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility.” The statement also noted, “The Governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

On Monday, November 25, 2024, a court hearing was held, but a judge ruled to delay the hearing originally scheduled for December 11. Newly elected Los Angeles County District Attorney Nathan Hochman requested additional time to review the case. Los Angeles County Superior Court Judge Michael Jesic rescheduled the hearing for January 30 and January 31, 2025.

Why Did the Menendez Brothers Kill Their Parents?

The fact that the brothers—then 21 and 18—committed the crime was never in doubt during the trial, but their motivation has divided opinions over the decades.

During the proceedings, the brothers claimed they were abused throughout their childhood by their parents. At their first trial, their attorney, Leslie Abramson, argued that they killed their parents in self-defense, fearing that their parents would kill them if they disclosed the years of alleged molestation they had suffered at their father’s hands. She told The Washington Post in 1996, “These are not murderers. These are troubled kids in a very difficult and grotesque home environment, and they cracked.” At the time, many believed the motive was their parents’ inheritance money.

If you or anyone you know has been sexually abused, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673). A trained staff member will provide confidential, judgment-free support as well as local resources to assist in healing, recovering and more.

If you or someone you know is struggling with substance abuse, contact the Substance Abuse and Mental Health Services Administration (SAMHSA) National Helpline at 1-800-662-HELP (4357).