The time when the Menendez Brothers might get out of jail has changed now that their court hearing has been postponed. Erik and Lyle Menendez, 53 and 56 respectively, appeared through video at a status hearing for their habeas corpus petition on Monday, November 25, but the outcome was not in their favor. This petition is separate from the recommendation made by Los Angeles District Attorney George Gascón in October that Erik and Lyle Menendez, 53 and 56 respectively, should be resentenced with the possibility of parole. Here are the ways that the Menendez brothers could be released from prison now.
When will the Menendez brothers be released now?
The resentencing date for the Menendez brothers in their habeas corpus petition has been pushed from December 11 to January 30, 2025, which will decide whether they can possibly be released immediately.
This delay in the proceedings, as ruled by Judge Michael Jesic, is due to George Gascón losing his position of L.A. District Attorney to Nathan Hockman, per CNN. Hockman will be sworn in on December 3, and the judge said the new January date would give him more time to review the case.
The habeas corpus petition was filed last year by the defense for the brothers. It asks the court to lower their conviction from murder to manslaughter after reviewing new evidence for the case, a letter and an affidavit. If the judge agrees with the petition, they would be released immediately.
That said, Hockman’s decision on whether he agrees with Gascón’s recommendation will be important in both this habeas corpus petition and the resentencing request. If he does, this will open a separate path for the brothers to be released on parole instead. Because Erik and Lyle Menendez murdered their parents when they were under 26 years old (at the time, Lyle was 21 and Erik was 18), they would be immediately eligible for youthful parole under California state law. However, if they are not released on parole, they can still be set free through the habeas corpus petition instead.
The Menendez brothers also have another route for being released from jail. California governor Gavin Newsom, who has been following the well-publicized case (with a plea from Kim Kardashian), could grant them clemency. However, he said to NBC News that he would only review their request for clemency after Hockman reviews the case and offers his recommendation.
