It feels like everyone has an opinion on Lyle and Erik Menendez lately. You’ve seen the Netflix shows, the TikTok theories, and the endless debates about whether they’re monsters or victims of a broken system. But if you’re looking for a simple answer to what is going on with the Menendez brothers right now, the reality is a messy mix of legal setbacks and a very long wait for the next chance at freedom.
People keep asking: "Are they out yet?" The short answer is no. They are still sitting in the Richard J. Donovan Correctional Facility in San Diego. Despite a massive wave of public support and some major shifts in their legal status over the last year, the prison doors haven't opened. In fact, things took a pretty sharp turn for the worse at their most recent hearings.
The Resentencing That Almost Changed Everything
For decades, the brothers were serving life without parole. That’s a dead end. But in May 2025, Judge Michael Jesic actually did something huge—he resentenced them to 50 years to life. This was a massive win for their defense team. Because they were under 26 when they killed Jose and Kitty Menendez back in 1989, this new sentence made them eligible for "youthful offender" parole immediately.
Basically, the judge admitted they had done some incredible work rehabilitating themselves. He called their transformation "amazing." The courtroom was filled with family members who have long since forgiven them. It looked like the finish line was right there.
But there’s a massive difference between being eligible for parole and actually getting it.
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Why the Parole Board Said No
In August 2025, the brothers finally went before the California parole board. This was the moment their supporters had been waiting for. It didn't go well.
The board denied parole for both Erik and Lyle.
Why? It mostly came down to a few things that cropped up during their time inside. Prosecutors argued that the brothers still haven't fully owned up to the "premeditated" nature of the crimes. There was also talk about rule violations—specifically regarding smuggled cellphones. It sounds minor, but to a parole board, it looks like a lack of respect for the rules.
- Erik Menendez was denied first.
- Lyle Menendez followed a day later.
- The Wait: The board gave them a three-year "hit," meaning they can't even apply for another hearing until 2028.
The "New Evidence" That Didn't Pass the Test
While the parole was being debated, their lawyers were also trying to get the whole conviction overturned through a habeas corpus petition. This was based on that letter Erik supposedly wrote to his cousin, Andy Cano, months before the murders, describing the abuse. They also brought in Roy Rosselló, a former member of the boy band Menudo, who claimed Jose Menendez assaulted him too.
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In September 2025, Judge William C. Ryan shut that down.
He ruled that even if this evidence had been in the original trial, it wouldn't have changed the verdict. He basically said the jury already knew about the abuse allegations and still chose to convict them of first-degree murder. This was a crushing blow. It effectively closed the door on the idea of a "third trial" that many fans were hoping for.
What Is Going On With The Menendez Brothers and Governor Newsom?
If you’re wondering if there’s any other way out, you’re looking at Governor Gavin Newsom. He has the power to grant clemency. He could theoretically commute their sentences to "time served" and let them walk out tomorrow.
Newsom has been cagey about it. He ordered the parole board to do a full risk assessment, which was finished in mid-2025. But after the parole board officially denied their release in August, the political pressure for him to intervene cooled off a bit. He’s in a tough spot. Does he listen to the millions of people (including Kim Kardashian) calling for mercy, or does he stick with the parole board's experts who say they aren't ready?
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Honestly, most legal experts think he’s going to wait.
Life Inside Echo Yard
So, what does their day-to-day actually look like? They aren't in solitary. They live in "Echo Yard," which is a special unit focused on rehabilitation.
Lyle and Erik actually live in the same facility now after being separated for over 20 years. They spend their time working on a massive mural on the prison walls and participating in "Green Space," a beautification project Lyle started. They get to make free phone calls now, thanks to a 2023 California law, which is how they stay so connected to the outside world.
What Happens Next?
The hype hasn't died down, but the legal wheels are turning very slowly now. If you want to keep an eye on the case, here is what is actually on the horizon:
- 2028 Parole Eligibility: This is the big one. They have to stay "clean" in prison—no more cellphones, no more write-ups—to have a real shot at convincing the board in three years.
- Clemency Decisions: This could happen at any time. Governors often wait until the end of their terms to make controversial moves like this, so we might be waiting a while.
- The DA Factor: Nathan Hochman, the current DA, has been much more skeptical of the brothers than his predecessor, George Gascón. Unless there’s a change in his office's stance, the prosecution will likely continue to oppose their release.
The Menendez case is no longer just about what happened in that Beverly Hills mansion in 1989. It's become a symbol for how we treat victims of abuse and whether people can truly change after decades in a cell. For now, though, the brothers remain exactly where they’ve been for the last 35 years.
Practical Next Steps for Following the Case:
If you want to stay updated on the legal filings, check the Los Angeles Superior Court portal for Case No. SA001701. You can also monitor the California Department of Corrections (CDCR) inmate locator to see if their housing status or "earliest parole suitability date" changes. Avoid relying solely on social media "updates," as they often confuse older news with current rulings.