After winning their resentencing bid Tuesday, the Menendez brothers are one step closer to their freedom. 

Erik and Lyle Menendez have spent more than three decades behind bars for killing their parents, Kitty and Jose Menendez, inside their Beverly Hills home in 1989. After two trials, a Los Angeles County judge sentenced them to serve life in prison, without the possibility of parole. 

However, after months of lead-up, Judge Michael Jesic reduced their sentences to 50 years to life, allowing them the opportunity to go before a parole board and lobby for their freedom. Despite serving less than the minimum 50 years, California's youth offender law granted them eligibility, since they killed their parents before they turned 26 years old. 

"I'm hopeful and glad we're one huge step closer to bringing the boys home," the brothers' attorney Mark Geragos said on Tuesday. 

Thanks to their clemency request to Gov. Gavin Newsom, the brothers could be granted their freedom by the end of the year. In preparation, Newsom ordered a risk assessment report and scheduled their brother's final hearing before the parole board for June 13. 

"The brothers could be out in a matter of months," former federal prosecutor Neama Rahmani said. "Things are looking very good for the Menendez brothers."

Rahmani expects the parole board to recommend their release and for Newsom to affirm their decision. 

What happens if the brothers are denied or granted parole?

If either of the Menendez brothers is denied parole during their independent hearings, they could lobby for their freedom again in future meetings with the board. However, it may take a few years before their next appointment.

If the panel denies an inmate parole, state law requires the board to schedule another hearing three, five, seven, 10 or 15 years in the future, according to the California Department of Corrections and Rehabilitation. 

Last year, there were 8,001 parole hearings, according to CDCR. After those meetings, 33% of prisoners were denied compared to the 14% who were granted parole. Roughly 22% of inmates had their either canceled, continued or postponed. 

If Erik or Lyle is granted parole, the board and the governor will review the panel's decision. Ultimately, Newsom has the final decision to approve or deny the brothers' freedom. 

Gov. Newsom's role in the Mendendez brothers' parole bid

Since February, Newsom has remained guarded over his stance on the brothers' clemency request and held the same demeanor when asked about their chances for parole on Wednesday. 

"On the basis of recommendation, I reject the parole board's recommendations often," he said. 

In 2022, Newsom rejected two notable parole recommendations for assassin Sirhan Sirhan and former Charles Manson follower Leslie Van Houten.

Sirhan has spent more than 50 years in prison after assassinating Senator Robert F. Kennedy and wounding five others inside the Los Angeles Ambassador Hotel in 1968. 

Newsom, who described RFK as his "political hero," justified his denial by saying Sirhan "failed to address the deficiencies that led him to assassinate Senator Kennedy."

"After decades in prison, he has failed to address the deficiencies that led him to assassinate Senator Kennedy," Newsom wrote in his decision. "Mr. Sirhan lacks the insight that would prevent him from making the same types of dangerous decisions he made in the past."

In Van Houten's case, Newsom blocked her release because he did not believe she adequately expressed her remorse for her role in the brutal Manson killings.

"Before she can be safely released, Ms. Van Houten must do more to develop her understanding of the factors that caused her to seek acceptance from such a negative, violent influence, and perpetrate extreme acts of wanton violence," he wrote in his decision.

Despite his rejection, Van Houten was released after an appellate court overturned Newsom's decision.

"I am the ultimate arbiter. I'll have to review the parole board's recommendation and report," Newsom said on Wednesday, when asked about the Menendez case. "It is also conceivable that will happen months and months later."  

What are California's youth offender parole hearings?

In 2018, California's Assembly Bill 1308 expanded the reach of the youth offender parole hearing to include inmates who were younger than 26 years old when they carried out their crimes. 

The state created the specific program after reviewing scientific evidence that a person's brain does not fully mature until their mid-to-late 20s, according to CDCR. 

In addition to the age requirement, an inmate could be barred from the proceeding if they were sentenced to death or life without the possibility of parole. 

If eligible, an inmate can appear before a youth offender parole panel once they have served 15, 20 or 25 years in prison.

When they killed their parents in 1989, Erik and Lyle Menendez were 18 and 21 years old, respectively. 

While their initial sentence barred them from the program, their recent court win opened up a new path to freedom for the Menendez brothers.

Menendez brothers' road to resentencing

Erik and Lyle Menendez's appellate attorneys filed a resentencing petition in 2023, arguing that new evidence corroborated the brothers' abuse allegations and supported their bid for a reduced sentence, potentially leading to their release or parole consideration.

"Two years ago, Cliff and I were talking about another case, and he mentioned the Menendez brothers," Geragos said, mentioning Cliff Gardner, the appellate attorney who first filed the resentencing petition in 2023. "We decided, let's do it. ... Now we see the pot at the end of the rainbow and their freedom."

While the brothers received support for their resentencing under District Attorney George Gascón in 2024, his successor, Los Angeles County District Attorney Nathan Hochman, repeatedly stated his opposition to resentencing them and attempted to withdraw his predecessor's motion. 

"Our office's motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision," Hochman said on the night of the resentencing decision. 

Over the course of the five months leading to Judge Jesic's resentencing decision, Hochman reiterated the prosecution's stance that they do not believe the brothers should be released at all, just not yet. He alleged the Menendez brothers killed their parents in a "methodical way" similar to a "mafia hit."

"This case, like all cases — especially those that captivate the public — must be viewed with a critical eye," Hochman said. "Our opposition and analysis ensured that the Court received a complete and accurate record of the facts. Justice should never be swayed by spectacle."  

The day after the resentencing, he continued to voice his opposition, disagreeing with Judge Jesic and the claiming that the brothers lied about allegations of sexual abuse.

"I believe that the Menendez brothers have started down the path of fully accepting responsibility for all their actions, but they stop short in their statements," Hochman said. "For instance, they've never said that the self-defense, defense, that they've said during trials, that they've said for the last 30 years, that it's absolutely false."