They're still in.
Despite the viral TikToks and the Netflix dramatizations that made it feel like Erik and Lyle Menendez were walking out of prison any second, the legal reality is a lot slower. Honestly, it’s a mess of court dates, bureaucratic hand-offs, and political shifts that most headlines gloss over. If you’re looking for a single menendez brothers sentence date to circle on your calendar, you have to look at May 14, 2025. That was the day the world actually changed for them.
On that Tuesday, Los Angeles Superior Court Judge Michael Jesic made the "bombshell" call. He didn't just open the gates, but he did something almost as big: he threw out their life-without-parole sentences. He replaced them with 50 years to life. Because they were both under 26 when they killed Jose and Kitty Menendez in 1989, California’s "youthful offender" laws kicked in. Basically, that new sentence made them eligible for parole immediately.
But eligible doesn't mean "free."
The Timeline: When Do They Actually Get Out?
The "sentence date" isn't the "release date." You've probably seen the footage of them smiling via video link from the Richard J. Donovan Correctional Facility when the ruling came down. They looked relieved. Their attorney, Mark Geragos, was taking victory laps. But the legal process is a beast.
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Here is the actual sequence of events that has played out—and what is still pending in 2026:
- May 13-14, 2025: The actual resentencing hearing. Judge Jesic ruled that while the crimes were "horrific," the brothers’ rehabilitation was "amazing." He literally said he’d never seen anything like it.
- June 13, 2025: This was a massive day. The brothers had a formal hearing before the state parole board. This was the risk assessment phase ordered by Governor Gavin Newsom.
- Late 2025: The parole board's recommendation moved to the Governor’s desk.
Now, in early 2026, we are in the "waiting room" of the American justice system. The board has to finalize its decision, and then Governor Newsom has 120 days to review it. He can uphold the release, reverse it, or just let it happen by not acting. It is a political landmine for him.
Why the Delay Happened (And Why People Are Confused)
If you feel like this has been dragged out forever, you’re right. It was.
The original menendez brothers sentence date for the resentencing was supposed to be in late 2024. Then it was January 2025. Then the LA wildfires happened, which sounds like a movie plot but actually delayed the court's preparation.
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Then there was the District Attorney shift. George Gascón, the guy who originally pushed for the resentencing, lost his job to Nathan Hochman. Hochman wasn't as keen. He actually tried to withdraw the resentencing petition twice. He argued that the brothers "hadn't come clean" about everything, specifically alleging they hadn't admitted to lies told during the original 90s trials.
Judge Jesic basically told the new DA "no." He ruled that the hearing would move forward regardless of the DA’s change of heart. That was a huge win for the defense. It’s rare for a judge to push back against a DA like that in such a high-profile case.
The Evidence That Changed the Judge’s Mind
What actually led to the new menendez brothers sentence date? It wasn't just Kim Kardashian posting on Instagram, though that didn't hurt. It was two specific things that weren't in the original trials.
First, there was a letter Erik wrote to his cousin, Andy Cano, months before the murders. In it, he detailed the sexual abuse he was suffering from his father. This was crucial because, in the 90s, prosecutors argued the brothers "made up" the abuse story after they got caught. A letter from before the crime is a "smoking gun" for the defense's self-defense theory.
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Second, Roy Rossello, a former member of the boy band Menudo, came forward. He alleged that Jose Menendez had drugged and raped him when he was a teenager. This corroborated the brothers' claims that their father was a serial predator.
When you combine that new evidence with 35 years of "model inmate" behavior—Lyle starting a prison beautification project and Erik working in hospice care—the judge decided the original "life without parole" was no longer just.
What Happens Right Now?
If you are following the case today, the focus has shifted away from the courtroom and into the Governor’s office.
The parole board has already looked at the "Risk Assessment" which, surprisingly, labeled them as a "moderate" risk for future violence. That sounds bad, but in the world of parole for 30-year inmates, it's actually a hurdle the defense has been fighting to clarify. Their lawyers argue that "moderate" is a statistical fluke based on the nature of their original crime, not their current character.
Actionable Next Steps for Following the Case
- Monitor the California Executive Actions: Check the Governor’s official press releases for "Parole Decisions." This is where the final word will come from.
- Verify the Parole Board Status: The California Department of Corrections and Rehabilitation (CDCR) has a "Public Hearing Tracking System." You can look up Erik (E35406) and Lyle (E35407) to see the exact status of their parole grants.
- Distinguish Between Clemency and Resentencing: Remember, they are pursuing both. If the Governor grants clemency, they could be out tomorrow. If they rely on the resentencing from May 2025, they have to wait for the full parole board cycle to finish.
The menendez brothers sentence date of May 14, 2025, started the clock. We are now in the final minutes of that game. Whether they walk free in 2026 depends entirely on if the political will matches the judicial ruling. Honestly, it’s a toss-up, but they are closer to the exit than they have been in three decades.