Erik and Lyle Menendez‘s efforts to reduce their life-without-parole prison terms remain in limbo after the ouster earlier this month of Los Angeles County’s top prosecutorwho recommended a new sentence that could clear the way for the brothers’ release.
But those efforts will inch forward Monday when the siblings appear for a status conference to determine if a Dec. 11 resentencing hearing should remain on the schedule, a lawyer for the brothers told NBC News.
Defense attorney Mark Geragos told NBC Los Angeles that Erik and Lyle will appear remotely from the San Diego prison where they are incarcerated.
The brothers have served 35 years for the shotgun murders of their parents, José and Kitty Menendez, at the family’s Beverly Hills home on Aug. 20, 1989.
Last month, outgoing Los Angeles County District Attorney George Gascón said he supported reducing their sentences to 50 years to life — a reduction that would make them eligible for parole immediately.
A judge is responsible for rejecting or supporting Gascón’s decision.
The recommendation came after a specialized unit within Gascón’s office that aims to implement reform-minded resentencing laws reviewed the brothers’ case.
While their crimes were brutal and premeditated, Gascón has acknowledged that the brothers have been model prisoners. They’ve paid their debt to society, he said, and no longer pose a public safety risk.
Gascón’s decision was applauded by many members of the Mendendez family, who have advocated for the men’s release and pointed to the horrific abuse the siblings said they suffered at the hands of their father.
The brothers’ supporters have described the killings as a desperate act of self-defense — an allegation that echoes the defense laid out by the brothers’ legal team during their two murder trials in the 1990s.
Prosecutors said the allegations of abuse were a false attempt at covering up what authorities described as the brothers’ true motive — ensuring access to their family’s multimillion-dollar estate.
The first trial ended with hung juries after they could not deliver a unanimous verdict. The brothers were convicted of first-degree murder during their second trial.
Gascón has acknowledged that his recommendation remains polarizing within his own office, with some prosecutors believing the abuse allegations and others arguing the brothers should remain behind bars for the rest of their lives.
Incoming district attorney Nathan Hochman, who is set to take office Dec. 2, has said he needs to review the facts, law and evidence in the case before he makes a decision. Multiple sources have said there was a “good chance” he would seek to delay the Dec. 11 hearing.
The brothers have also sought their freedom through a request for clemency from California Gov. Gavin Newsom and a petition that seeks to challenge their convictions.
That petition, filed in May 2023, includes what Geragos has described as evidence that José Menendez was abusing Erik Menendez in the months before the siblings killed their parents.
Both efforts remain ongoing.