If you’ve spent any time on TikTok or watched the Netflix dramas, you probably thought Lyle and Erik Menendez would be home by now. There was so much noise. Rallies. New evidence. A District Attorney literally campaigning on the idea of letting them out.
But if you’re looking for a quick answer: Yes, the Menendez brothers are still in jail. Specifically, they are still at the Richard J. Donovan Correctional Facility in San Diego. Despite a massive legal victory in May 2025 where a judge finally threw out their "life without parole" sentences, the prison gates didn't just swing open.
Honestly, the legal system is a slow, grinding machine. You’d think 35 years would be enough to settle a case, but for these two, the "finish line" keeps moving.
The 2025 Resentencing: A Win That Didn't Mean Freedom
Back in May 2025, Judge Michael Jesic did something many thought was impossible. He resentenced the brothers to 50 years to life. Because they were under 26 when they killed their parents in 1989, California’s "youthful offender" laws kicked in.
Basically, this meant they became "immediately eligible" for parole.
People saw the word "eligible" and assumed they’d be eating dinner at a restaurant the next week. It doesn't work like that. Eligibility just means you get a seat at the table to ask for your freedom.
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Why the Parole Board Said No
In August 2025, both brothers had their first real shot. It was a disaster for their supporters.
- Erik Menendez was denied parole on August 21, 2025. The board cited "rule violations" during his time in prison, including the possession of illegal cell phones. They labeled him an "unreasonable risk to public safety."
- Lyle Menendez went the very next day. Same result. Even though a psychologist found him to be a "very low" risk for future violence, the commissioners weren't buying it.
The board told them they have to wait three more years before they can even apply again. That puts their next potential release date somewhere in 2028.
Where They Are Right Now
They aren't in solitary or a high-security hole. They live in what’s called the Echo Yard at Donovan. It’s a "non-designated programming facility."
Think of it as a slightly more human version of prison. They take yoga. They take art classes. Lyle actually finished a bachelor’s degree in sociology from UC Irvine and is working on a master's in urban planning.
They are in their late 50s now. Lyle is 57; Erik is 54. They have spent more of their lives inside those walls than they ever did in that Beverly Hills mansion.
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The Gavin Newsom Factor
There is one "wildcard" left. Governor Gavin Newsom. The brothers have a pending clemency petition. In early 2025, Newsom ordered a "risk assessment" to see if he should just commute their sentences himself.
The results of that assessment were... messy. The report said they posed a "moderate" risk and mentioned those same prison violations (the cell phones again). Newsom hasn't made a final move. He’s a politician. He knows that if he lets them out and something goes wrong, it’s a career-killer.
Most experts think he’s waiting to see if the public interest dies down or if another legal avenue opens up so he doesn't have to be the one to sign the paper.
What People Get Wrong About the "New Evidence"
You’ve likely heard about the letter Erik wrote to his cousin, Andy Cano, or the claims from Roy Rosselló (a former member of the band Menudo) about José Menendez.
The internet treated this as a "smoking gun" that proved the brothers were telling the truth about the sexual abuse. But in September 2025, a judge actually rejected their petition for a new trial based on this evidence.
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The court's logic? It wasn't "new enough" or "strong enough" to overturn a murder conviction from decades ago.
The Reality of 2026
So, where does that leave us today?
The brothers are still in blue scrubs. They are still behind bars. The 2024 "Menendez-mania" that took over social media hasn't translated into physical freedom.
If you want to track what happens next, here is the realistic timeline you should be looking at:
- Clemency: Watch Governor Newsom’s office. If he doesn't act by mid-2026, he likely won't act at all.
- The Next Parole Hearing: This won't happen until late 2028.
- Legal Appeals: Their lawyers are still fighting the "manslaughter" angle, but after the 2025 rejections, those are long shots.
It’s easy to get swept up in the documentaries. But the truth is that the Menendez brothers are currently stuck in a cycle of "almost, but not quite." They have a path to freedom now, which is more than they had for 30 years, but that path is currently blocked by the state of California.
Next Steps for You
If you want to keep tabs on the specific filings for their clemency, you can check the California Department of Corrections (CDCR) inmate locator for their current status or the Governor’s Office of Legal Affairs for any announcements on commutations. You can also follow the updates from their lead attorney, Mark Geragos, who is usually the first to leak news on their specific legal motions.