The Menendez brothers are set to appear in court for the first time in 28 years

By Zoe Sottile and Jean Casarez, CNN

(CNN) — Almost 30 years after they were sentenced to life in prison for murdering their parents, Lyle and Erik Menendez are set to appear in court Monday, the latest step in their bid for release after the Los Angeles County District Attorney recommended they be resentenced.

The brothers, currently incarcerated in California, are expected to appear virtually for the status hearing, scheduled to start at 10:30 a.m. local time, but Judge Michael Jesic has the discretion to require them to appear in person.

The hearing could help determine if a planned resentencing hearing next month remains on the schedule or if it will be delayed as a new DA is set to be sworn in.

The two men were last seen in public in 1996 during the second trial for the murder of their parents. After their first trial ended with two deadlocked juries, they were found guilty in a second trial and sentenced to life in prison without the possibility of parole.

The judge has imposed strict restrictions on the courtroom for Monday’s hearing: No cameras are allowed in court and all cell phones will be put in sealed bags.

Sixteen seats in the court will be offered to the public via lottery in the hours before the hearing, according to a news release from the Los Angeles Superior Court.

Throughout their two trials, the brothers have not disputed they killed their parents. Instead, they argued they killed them in self-defense after suffering years of sexual, emotional and physical abuse. Prosecutors, meanwhile, said the killings were premeditated, committed so the men could obtain their parents’ multimillion-dollar estate.

The push to reexamine the case began in 2023, when a Peacock docuseries featured another alleged victim saying he was raped by Jose Menendez – the brothers’ father. Attorneys for the Menendez brothers filed a habeas petition asking the court to reconsider the conviction and sentence in light of new evidence from the other alleged victim and from a letter Erik wrote about the abuse prior to the killings.

In October, Los Angeles County District Attorney George Gascón filed a motion recommending a judge resentence the siblings, which could allow them to be released immediately.

“Not only have they worked on their own self-improvement, but they have done a lot of work to better the life of those around them, which that part is unusual,” Gascón, who has since lost his reelection bid to Nathan Hochman, told CNN. “I believe they have served enough time.”

How we got here

The decades-long legal proceedings stem from 1989, when Jose Menendez, an executive at RCA Records, and his wife Kitty Menendez, were shot and killed in their Beverly Hills home. Lyle was 21 years old and Erik was 18 years old. Lyle called 911 and said, “Someone killed my parents.”

The two men were arrested in March 1990 and accused of first-degree murder. They both went to trial in 1993, each with a separate jury. The proceedings were broadcast on Court TV.

The brothers’ defense attorneys argued the brothers were afraid for their lives after experiencing years of abuse, especially at the hands of their father. Both defendants took the stand to testify about the abuse they experienced and said their father had threatened to kill them if they did not keep the abuse secret. Prosecutors, meanwhile, argued the killings were planned in advance and that the brothers sought financial gain.

Both juries deadlocked and could not come to a verdict.

In 1995, the brothers’ retrial began – this time with one jury and no camera in the courtroom. Much of the defense evidence about sexual abuse was excluded, according to defense attorneys. Both brothers were convicted of first-degree murder and sentenced to life in prison without the possibility of parole.

Since then, the two men have been “model prisoners by all accounts,” Gascón said in an interview with CNN in October. The brothers have participated in victim impact programs, workshops and events, and created multiple programs to help those “in need around them,” according to the resentencing motion filed by Gascón.

After not seeing each other for decades, the brothers were reunited in 2018, when Lyle was transferred to the same housing unit of a San Diego prison as Erik.

A Peacock docuseries, “Menendez + Menudo: Boys Betrayed,” was released in 2023, prompting calls to review the brothers’ sentences. The series features the account of Roy Rosselló, a former member of the boy band Menudo, who claims he was raped by Jose Menendez – then the head of RCA Records – in the mid-1980s, when he was 13 or 14 years old.

The Menendez brothers filed a habeas corpus petition shortly after the docuseries was released, citing Rosselló’s allegations as well as a letter from Erik Menendez to his cousin that they say references the abuse. “I never know when its (sic) going to happen and its driving me crazy. Every night I stay up thinking he might come in,” Erik wrote in the 1988 letter. The letter, discovered in 2018, was not presented at either of the two trials, the petition says.

In October, Gascón recommended the brothers be resentenced, saying he supports the resentencing of the brothers to life with the possibility of parole – which normally would mean 50 years to life in prison. But because the crimes happened when the brothers were under 26 years old, under California law they would be eligible for youthful parole.

The district attorney said in October that shifting attitudes about sexual abuse and trauma have changed public perception of the case.

“There is no question that a jury today would look at this case probably very differently than a jury did 35 years ago,” he told CNN.

The case has also received renewed attention because of a television series, “Monsters: The Lyle and Erik Menendez Story.” Erik Menendez has criticized the brothers’ depiction in the series as “dishonest” and “demoralizing.”

Netflix also released a documentary on the Menendez case last month, featuring both men discussing what led to the killings.

What comes next

Gascón’s failed reelection bid has cast some uncertainty over the Menendez brothers’ fate. Hochman, the incoming LA County District Attorney and a former federal prosecutor who campaigned on a tougher stance against crime, will take office in early December. Hochman has said he needs time to review the confidential prison files, trial transcripts and extensive exhibits, as well as consult with prosecutors, defense attorneys and family members of the victims.

“Before I can make any decision about the Menendez brothers’ case, I will need to become thoroughly familiar with the relevant facts, the evidence and the law,” Hochman said in a statement.

In an interview, Hochman said he would move as “expeditiously” as possible to review the case.

“If I ask for a delay, it won’t be a delay for delay’s sake because I think the Menendez brothers, the victim family members, the public deserve to have a decision done as soon as it can be done in a thorough manner,” Hochman told CNN.

A hearing for resentencing is scheduled for December 11.

There are other ways the brothers could be released. Gascón also wrote letters to Gov. Gavin Newson supporting the brothers in a bid for clemency, which could free the brothers immediately. But Newsom has delayed any clemency decision until Hochman reviews the case, according to a news release from his office.

CNN’s Eric Levenson, Cindy Von Quednow, Dalia Faheid, and Taylor Romine contributed to this report.

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