Los Angeles (CNN) — After seven months of hearings, court filings and news conferences, Lyle and Erik Menendez faced their first possibility of freedom Tuesday as a two-day resentencing hearing got underway, three decades after they were convicted of the 1989 murders of their parents.
The brothers are serving life without parole for the murders after two sensational trials captured the attention of Americans across the country. Last fall, former Los Angeles County District Attorney George Gascón recommended resentencing for the brothers, but his successor, Nathan Hochman, has fought against it.
The brothers are hoping the judge will reduce that sentence to life with parole, which – if granted – would make them eligible for immediate release under California law. Their attorney Mark Geragos said Tuesday he’s hoping the judge will go even further and reduce the charge to voluntary manslaughter, with a sentence of time served.
The high-stakes hearing began Tuesday with arguments about whether the brothers should be resentenced in the first place. If the judge agrees, arguments about how to resentence them would follow in a second phase of the hearing.
Judge Michael Jesic gave no indication about when or in what form he’ll rule, acknowledging the complicated nature of the case in which the family members are victims who also support the defense. It’s possible a decision won’t come before the end of proceedings Wednesday, he said.
Resentencing is just one of several avenues the brothers are taking in their bid for freedom. They’re also seeking clemency from the governor, which could allow for their immediate release, and they have filed a habeas petition for a new trial.
Family members testify
Family members who have long supported the brothers were in court Tuesday, with several taking the stand to plead for the brothers’ release.
“We just want this to end,” cousin Anamaria Baralt testified.
Relatives say the brothers have demonstrated remorse and rehabilitation, and that the severity of the sentence should be revisited because of an evolving understanding of childhood sexual abuse. The brothers have maintained they carried out the murders in self-defense after years of abuse by their father.
Another cousin who testified Tuesday, Diane Hernandez, lived with the Menendez family in their Beverly Hills home and viewed herself as an older sister to the boys. On the stand, she described how Jose Menendez intimidated and terrorized the house, and testified about his “hallway rule” that when he was with the brothers, no one else could be.
“Please be merciful,” Hernandez told the judge. The brothers, she said, “are remarkable human beings at this point.”
Hochman has said he is not opposed to resentencing, but he doesn’t feel it’s justified yet. The brothers, he says, have “fabricated” their claims of abuse and self-defense and must admit it first.
“The Menendezes have had numerous chances to come clean with all their actions and if and when they do, they’ll be ready for resentencing,” Hochman told CNN on Tuesday. “We’re just not there yet.”
Prosecutors pressed family members on whether they were aware of the brothers having lied to them over the years.
“Were you aware the brothers lied to the family, to law enforcement and to the media?” Seth Carmack asked Tamara Goodell, another cousin. She said she was, but that the brothers never spoke about it to her one way or another and they talk about the murders with her only to say sorry.
Baralt was also asked whether the brothers had ever admitted to lying and trying to manipulate the case. She said Lyle had recently admitted asking a girlfriend to lie about his father’s abuse.
Another factor Hochman cites in opposing resentencing is the recent finding the brothers would pose a “moderate” risk of violence if released. That came in a pair of comprehensive risk assessments conducted by the state parole board.
Both brothers had committed cell phone violations while in prison, he said – Lyle in November 2024 and Erik in January 2025.
Prosecutor Habib Balian asked Baralt on Tuesday about the cell phones, and she acknowledged some of her conversations with Lyle had taken place on an illegal burner phone he had in prison.
Efforts toward release
Unlike a new trial, which would focus on the facts of the case, resentencing allows the judge to consider a variety of factors, including the brothers’ rehabilitative efforts.
During the hearing over the next two days, attorneys for the brothers are expected to call upon past prosecutors, former inmates and corrections personnel to testify on their rehabilitation efforts. The brothers have founded a long list of prison programs, with Erik starting at least five, including a support group for disabled and elderly inmates. Lyle founded a massive beautification program, raising more the $250,000 to install greenery to help prison life to resemble the outside world.
Geragos said Tuesday he wants the brothers to testify at some point during the hearing, but it’s unclear when, and whether they’d be subject to cross-examination.
California Gov. Gavin Newsom has the power to commute the brothers’ sentences, which would immediately free them – but he has so far refrained from doing so. The “comprehensive risk assessments” the judge requested ahead of the resentencing hearing were commissioned by the state’s Board of Parole after Newsom asked them to investigate whether the brothers would pose an “unreasonable risk” to the public if released.
The parole board is expected to have a hearing June 13 and will share its recommendation with the governor.
Attorneys for the Menendez brothers are also pursuing a new trial, formally known as a habeas corpus petition. Attorneys claim to have new evidence against the brothers’ father, including a 1988 letter from Erik Menendez to a relative referencing the alleged abuse.
The-CNN-Wire™ & © 2026 Cable News Network, Inc., a Time Warner Company. All rights reserved.