Erik and Lyle Menendez were convicted of first degree murder and sentenced to life in prison without the possibility of parole for the 1989 killings of their parents, José and Kitty Menendez, in their Beverly Hills mansion.
During their high-profile trials, the brothers – who were 21 and 18 at the time of the murders – did not deny fatally shooting their parents but rather argued they should not be convicted because they acted in self-defense after living through their father’s physical and sexual abuse.
Their first trial ended in a mistrial after jurors failed to reach a verdict. In the second trial, much of the evidence regarding the alleged sexual abuse was excluded and the pair were found guilty.
Possible Resentencing
The brothers have been incarcerated in a San Diego-area prison since 1996 but their legal team filed a petition to vacate the convictions in 2023 in the wake of new evidence coming to light. That included a letter Erik wrote eight months before the murders that alluded to abuse and claims from another man that he was drugged and raped by José in the 1980s.
Two recent Netflix projects have also brought renewed attention to the case, and on Thursday, Los Angeles District Attorney George Gascón filed a motion recommending a judge resentence the siblings. The embattled DA, who is facing a tough re-election battle, said he supports resentencing the brothers to life with the possibility of parole.
While that sentence would normally mean 50 years to life in prison, the brothers would be eligible for parole under California law because the crimes happened before they turned 26. Gascón suggested there was disagreement within his own DA office over the decision, and members of Kitty’s family have expressed their disapproval.
A Los Angeles Superior Court judge is expected to hold a hearing in 30 to 45 days to decide on the resentencing. If he accepts Gascón’s recommendation, the brothers would be immediately eligible for parole.
Attorney Mark Geragos is a regular guest on The Megyn Kelly Show, and he is part of the Menendez defense team. He believes the brothers could be out of prison before Thanksgiving, and he joined Megyn on Saturday’s program to discuss the state of the case and what comes next.
Breaking Down the Facts
Megyn and Geragos discuss the details about the Menendez brother’s two trials, why some of those facts may lead to the brothers going free, the reason he took up the case, and more.
The Crucial Evidence
Megyn and Geragos break down the evidence that could have the Menendez brothers released from prison, what the media is saying about the case, the likelihood they could be freed before Thanksgiving, and more.
You can check out Megyn’s full interview with Geragos by tuning in to episode 927 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s Triumph (channel 111) weekdays from 12pm to 2pm ET.