If you’ve spent any time on TikTok or Netflix lately, you’ve seen their faces. The 1989 shotgun slayings of Jose and Kitty Menendez have basically become the defining true crime obsession for a whole new generation. It’s wild, honestly. People are arguing over court transcripts from the nineties like they happened yesterday.
But behind the hashtags and the Ryan Murphy dramatizations, there are two actual men who have spent more than half their lives behind bars. Yes, Erik and Lyle Menendez are still alive. As of early 2026, they aren’t just "alive"—they are currently the focus of one of the most complex legal battles in California history. They aren't in those separate, isolated prisons you might have read about in older articles, either. They're together. They’re aging. And for the first time in thirty years, the door to the outside world is actually, finally, cracked open.
Where are the Menendez brothers right now?
They’re living at the Richard J. Donovan Correctional Facility in San Diego. For a long time, the state kept them hundreds of miles apart, which was a pretty brutal psychological blow for two brothers who have always been trauma-bonded. Lyle was at Mule Creek; Erik was at Donovan.
That changed in 2018.
Now, they live in the same housing unit, specifically a place called "Echo Yard." It’s a non-designated programming facility. Basically, it’s for inmates who have stayed out of trouble and are actually trying to rehabilitate. They see each other every day. They eat together. They exercise together. It’s a far cry from the high-security nightmare of their early years in the system.
The 2025 resentencing: What actually changed?
For decades, the answer to "will they ever get out?" was a hard no. They were serving life without the possibility of parole (LWOP). That’s usually a dead end. But 2025 was a massive turning point.
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After a ton of public pressure and some pretty shocking new evidence—including a letter Erik wrote to his cousin Andy Cano months before the murders mentioning the abuse—a judge finally stepped in. In May 2025, Judge Michael Jesic officially resentenced them.
He changed their "Life Without Parole" status to 50 years to life.
Because of California’s "youthful offender" laws—which basically say the brains of 18-to-21-year-olds aren't fully cooked yet—they became immediately eligible for parole. It was a huge moment. Their family was in the courtroom crying. It felt like the finish line was right there.
Are they getting out soon?
Here is where it gets kinda messy. Just because you're eligible for parole doesn't mean you get it.
In August 2025, both brothers had their first real shots at freedom. They went before the parole board. Honestly, it didn't go the way their supporters hoped.
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- Erik Menendez was denied first. The board cited some past rule violations in prison and basically said they weren't convinced he wasn't a risk to public safety yet.
- Lyle Menendez was also denied a day later. Even though his prison record is arguably cleaner than Erik's, the panel felt there was still some "deception" or a lack of full responsibility for the 1989 crimes.
It was a gut punch for the "Free the Brothers" movement. They aren't walking out tomorrow. Under California law, they usually have to wait about three years before they can try again, though their lawyers are constantly filing new motions to speed things up.
What is their daily life like in 2026?
They aren't just sitting in a cell staring at the walls. These guys have become weirdly productive.
Lyle graduated from UC Irvine with a sociology degree while inside. He’s actually working on a master's degree in urban planning now. He’s also been a huge advocate for prison reform and has spent years in inmate government.
Erik has taken a different path. He’s deep into the arts. He’s been painting murals on the prison walls and working with terminally ill inmates in the hospice wing. It’s a strange irony—the "monster" portrayed in the media spending his days holding the hands of dying men.
They both have wives. Lyle is married to Rebecca Sneed (though they recently hit some rough patches), and Erik has been married to Tammi Menendez since 1999. They can't have "conjugal" visits because of their murder convictions, but they have spent thousands of hours in the visiting room over the years.
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The Nathan Hochman factor
One big reason they are still sitting in San Diego is politics. The former DA, George Gascón, was all-in on getting them out. He was the one who pushed for the resentencing. But he lost his job.
The new DA, Nathan Hochman, has a much tougher stance. He’s basically said, "Not so fast." He argues that the brothers haven't fully "come clean" about the specifics of the night they killed Jose and Kitty. As long as the DA’s office is fighting them, the parole board is going to be a lot more hesitant to sign those release papers.
What happens next?
The Menendez case isn't over. Not even close. While the parole board said no in 2025, there are still a few "hail mary" moves on the table:
- Clemency from Governor Newsom: This is the big one. The Governor has the power to just... let them go. He’s been "reviewing" the case for what feels like forever. He’s under a lot of pressure from celebrities and the public, but it’s a massive political risk.
- The Habeas Petition: Their lawyers are still trying to get the original murder convictions vacated entirely based on the new abuse evidence. If a judge tosses the original conviction, we’re looking at a whole new ballgame—maybe even a new trial.
- The 2028 Parole Bid: If nothing else works, they’ll be back in front of the board in a couple of years. By then, they’ll be nearly 60 and 57 years old.
The reality is that Erik and Lyle are no longer the "Beverly Hills brats" the world saw in 1993. They’re middle-aged men who have spent 35 years in a cage. Whether you think they’re cold-blooded killers or victims of a horrific system, one thing is certain: they aren't going anywhere without a fight.
Actionable Next Steps
If you're following this case and want to stay updated on their actual legal status rather than just social media rumors, you can monitor the California Department of Corrections and Rehabilitation (CDCR) inmate locator. You can also follow the official updates from their lead attorney, Mark Geragos, who frequently posts about the status of their pending habeas petitions.
Don't rely on 15-second clips for your facts. Look for the actual court filings regarding the Roy Rosselló affidavit—that’s the evidence that actually changed the momentum of this case. It’s the most credible piece of "new" info we've had in decades.