The internet basically exploded when the news broke that Erik and Lyle Menendez were actually getting a shot at freedom. After thirty-five years of living behind bars at the Richard J. Donovan Correctional Facility, the idea that they might walk out into the California sun feels surreal. But the legal reality is way messier than a 30-second TikTok makes it look. If you’re wondering when will the menendez brothers be released, the honest answer is that there isn't a single "magic date" on a calendar yet.
It's a moving target.
Legal battles don't move at the speed of Netflix documentaries. Even after a judge finally granted them a resentencing in May 2025, the path to the front gate is still blocked by a series of high-stakes hearings and political hurdles. People think a resentencing means the cell door just swings open. It doesn't.
The Resentencing Twist: What Actually Happened
In May 2025, Judge Michael Jesic fundamentally changed the math of their lives. He tossed out the "life without parole" sentence and replaced it with a sentence of 50 years to life. Because they were under the age of 26 when the crimes occurred, California’s "youthful offender" laws kicked in immediately.
This made them eligible for parole. It didn't make them free.
The brothers didn't just walk out that afternoon to give a press conference. Instead, they were funneled into the state's parole system, which is notoriously tough. You’ve probably seen the headlines about their first brush with the parole board in August 2025. It wasn't the victory lap everyone expected.
Why Aren't They Out Yet?
The August 2025 parole hearing was a massive reality check. While their family stood outside the courthouse with "Free the Brothers" signs, the commissioners inside were looking at prison records. And they weren't thrilled.
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Erik was actually denied parole for three years during that hearing.
Why? The board pointed to "misbehavior" during his decades in prison. Specifically, they brought up the repeated use of a contraband cellphone. Commissioner Robert Barton was pretty blunt about it, calling the behavior "selfish" and suggesting it showed a belief that the rules didn't apply to them. It’s a classic example of how a tiny mistake inside can derail a massive legal victory outside.
Lyle’s situation is similarly stuck in the mud of bureaucracy. While they’ve both done incredible things—Lyle started the "Green Space" beautification project and Erik has worked in hospice care for other inmates—the board looks at the totality of their behavior. They want to see 100% accountability.
The "Hochman Factor" and the New DA
Politics plays a bigger role here than most people want to admit. The previous District Attorney, George Gascón, was the one who really pushed for their release. He was the champion of their resentencing. But then he lost his re-election to Nathan Hochman.
Hochman is a different breed. He's been vocal about his skepticism.
He basically argues that the brothers haven't "come clean" about why they did what they did. He’s been pushing the idea that they haven't fully accepted responsibility for the 1989 killings of Jose and Kitty Menendez. Because the DA's office has so much influence over what evidence gets presented at these hearings, having a "tough-on-crime" DA makes the timeline for when will the menendez brothers be released much longer.
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Is Clemency Still an Option?
Everyone is looking at Governor Gavin Newsom. He has the power to just end this. He could sign a clemency order tomorrow and send them home.
But Newsom is playing it safe.
He’s deferred his decision, waiting to see how the parole board and the new DA’s reviews shake out. He’s essentially said he wants "transparency" and "due diligence." Translation: He doesn't want to make a move that looks like he's just following a celebrity-driven trend.
The 2026 Reality
So, where does that leave us right now in early 2026?
Erik is currently looking at a three-year wait before he can even sit in front of the parole board again. That puts his next real chance at freedom somewhere in 2028, unless a legal miracle happens or the Governor steps in. Lyle is still navigating his own hearing schedule.
There’s also a pending habeas corpus petition based on "new evidence"—specifically a letter Erik wrote to his cousin Andy Cano and the allegations from former Menudo member Roy Rossello. If a court decides this evidence would have changed the original trial's outcome, the whole conviction could be overturned.
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If that happens? They could be home in weeks.
But the courts move slow. Painfully slow.
What to Watch For Next
If you’re tracking this case, don't look at the movies. Look at the court filings.
- The Habeas Petition: This is the "nuclear option." If the defense can prove the original jury didn't see enough evidence of abuse, the brothers could get a new trial or have their charges reduced to manslaughter.
- Governor Newsom’s Signature: Keep an eye on any "midnight pardons" or clemency announcements. Newsom is in his final years in office and might feel more comfortable making a controversial move once he's not looking at the next election.
- Internal Prison Behavior: Every "rule violation" in the Richard J. Donovan facility is a nail in the coffin of their parole chances. The board needs to see "model prisoners," not just "famous prisoners."
The Menendez case has always been about more than just a crime. It’s about how we view trauma, wealth, and the possibility of change. While the public is ready for the "ending" of this story, the legal system is still writing the middle chapters.
Stay updated by following the Los Angeles County Superior Court's public portal for Case No. SA000184. Most of the real news breaks in the dry, boring PDF filings long before it hits the evening news. If you want the truth on when will the menendez brothers be released, that’s where you’ll find it.