If you’ve been scrolling through TikTok or following the news lately, you’ve probably seen the headlines. It feels like every few months there is a massive surge of interest in Lyle and Erik Menendez. Maybe it was the Netflix show Monsters that got you hooked, or maybe you’re just a true crime buff who remembers the original 90s trial. Either way, the big question everyone is asking right now is: Are the Menendez brothers out of jail?
The short answer is no. They are still behind bars.
Honestly, it’s a bit of a rollercoaster. For a minute there, back in early 2025, it looked like they were finally going to walk free. People were literally waiting at the gates of the Richard J. Donovan Correctional Facility in San Diego. But as with everything in this case, the legal system had other ideas.
The 2025 Resentencing: A False Start?
So, here is the deal. In May 2025, a judge actually did what fans and family members had been begging for. Judge Michael Jesic resentenced the brothers. They went from "life without the possibility of parole" to "50 years to life." Because of California’s youthful offender laws—and the fact that they were both under 26 when they killed their parents in 1989—this change made them eligible for parole immediately.
It was a huge moment.
But eligibility doesn't mean an automatic "get out of jail free" card. It just means you get a seat at the table with the parole board.
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Why the Parole Board Said No
You might think that after 35 years and a mountain of public support from celebrities like Kim Kardashian, the parole hearing would be a formality. It wasn't. In August 2025, the California parole board met with Lyle and Erik separately.
The results were crushing for their supporters.
The board denied parole for both brothers. Why? Well, it wasn’t just about the original crime—the 1989 shotgun murders of Jose and Kitty Menendez. The board was actually looking at their behavior inside the walls. Specifically, they pointed to incidents of "rule-breaking and deception." There were reports about the possession of illegal cell phones, which the commissioners labeled as "selfish." One commissioner, Robert Barton, basically told them that just because their family has forgiven them doesn't mean they are ready for the outside world.
As of right now, they are looking at another three-year wait before they can even apply for parole again.
The Politics of the DA’s Office
A big part of why the brothers are still sitting in a cell has to do with who is running the show in Los Angeles. George Gascón, the former DA, was the one who pushed for the resentencing in late 2024. He was very vocal about believing they had paid their debt.
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Then came the election.
Nathan Hochman took over the DA’s office, and he’s been much more skeptical. He actually opposed the habeas corpus petition that would have given them a new trial or a manslaughter conviction. Hochman’s vibe is basically: "Let’s slow down." He argued that the brothers haven't fully "come clean" about the murders, despite the new evidence of abuse that surfaced recently.
What About Governor Gavin Newsom?
There is still one wild card left. Clemency.
The brothers have a pending request with Governor Gavin Newsom. He has the power to just... let them go. He could commute their sentence today if he wanted to. But Newsom has been playing it very safe. He initially deferred his decision to wait and see what the new DA and the parole board had to say.
Now that the parole board has denied them, it’s highly unlikely Newsom will step in and overrule them. It’s a political nightmare for a governor to release convicted murderers when the state's own experts say they aren't ready.
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Where Lyle and Erik Are Now
They are still in San Diego. They aren't just sitting around, though. Lyle actually finished his bachelor's degree in sociology from UC Irvine while inside. He’s even working on a master’s in urban planning. It's kinda wild to think about—a man who has been in prison since he was 21, now in his late 50s, studying how to design cities he might never live in.
Erik has been working with other inmates who suffered from sexual abuse, which ties back to their original defense—the claim that they only killed their parents because they feared for their lives after years of horrific abuse from their father, Jose.
What Happens Next?
If you're waiting for them to walk out, don't hold your breath for 2026. Unless a surprise legal ruling comes out of nowhere or Newsom finds some political courage, the brothers are staying put until at least 2028.
What you can do to stay informed:
- Track the next parole window: Mark your calendar for late 2027/early 2028, which is when their next eligibility window opens.
- Watch the Newsom clemency docket: The Governor’s office occasionally releases batches of clemency decisions, usually around holidays or the end of a term.
- Look for the "New Evidence" updates: Their lawyers are still fighting the "habeas" route. If a higher court decides the original trial was fundamentally unfair because abuse evidence was excluded, everything could change overnight.
The Menendez case is never really "over." It just goes into dormant periods until the next documentary or legal filing wakes it back up. For now, the gates are still closed.