When could the Menendez brothers be freed?

Published

4 months ago

March 14, 2025

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The Menendez brothers, who were convicted of killing their parents in their Beverly Hills mansion in 1989, will soon find out if they can be released from prison.

Lyle Menendez, 56, and his 53-year-old brother Erik are serving life in prison without parole for the shotgun murders of their father and mother – Jose and Kitty Menendez.

The brothers have maintained their parents abused them since they were first charged with the murders.

A Netflix drama series about the brothers called Monsters, which aired in September, thrust them back into the spotlight and led to renewed calls for their release – including from their family.

The brothers’ lawyers asked Los Angeles prosecutors to review their sentencing, potentially paving the way for their release.

A decision was expected in a resentencing hearing scheduled for 11 December last year, but it has been pushed back a number of times.

But what is the case for the brothers’ freedom, is there new evidence – and why has the decision been delayed?

An old defence with new evidence

The Menendez brothers, who were 21 and 18 at the time their parents died, admitted shooting them before they were found guilty of first-degree murder and conspiracy to murder in 1996.

But they claim they killed them in self-defence after enduring physical, emotional and sexual abuse over many years, including being molested by their father.

Prosecutors at the time contended there was no evidence of any sexual abuse. They said the brothers were after their parents’ multimillion-dollar estate.

The jury in their first trial in 1993 was deadlocked before the jury in their second trial found them guilty, rejecting a death sentence in favour of life without parole.

But their lawyers argue that because of society’s changing views on sexual abuse, the brothers may not have been convicted of first-degree murder and sentenced to life without parole today.

They say they should have been charged with manslaughter rather than murder, but this was not an option for the jury during the second trial.

The brothers’ defence team has also uncovered a letter that Erik Menendez wrote to his cousin which is dated months before the murders, which they say alludes to him being abused by his father.

LA district attorney (DA) George Gascon briefly shared the letter to his Instagram page before deleting the post.

In the handwritten letter, Erik wrote: “I’ve been trying to avoid dad… every night, I stay up thinking he might come in.”

He also said he was “afraid” and that he needed to “put it out of my mind” and “stop thinking about it”.

Roy Rossello, a former member of the band Menudo, also spoke out in the Peacock documentary series Menendez + Menudo: Boys Betrayed, alleging he was sexually assaulted by Jose Menendez as a teenager in the 1980s.

The band was signed under RCA Record at the time, where Jose Menendez was chief operating officer, and Mr Rossello claims he drugged and raped him.

How can they be freed?

Former LA district attorney George Gascon asked LA County Superior Court Judge Michael Jesic to review their convictions before he left the role in December.

He recommended giving them a revised sentence of 50 years to life, which would make them immediately eligible for youth parole because they were less than 26 years old when they killed their parents.

The judge has been asked to look at whether the pair have been rehabilitated, based on their behaviour in prison.

A document filed by the lawyers highlights some of their achievements while behind bars, including both attaining several degrees and contributing to the community.

It lists a prison “beautification programme” Lyle Menendez started called GreenSpace as one example, and adds that both brothers have received low-risk assessment scores, with Lyle apparently not being involved in a single fight during his time in jail.

The lawyers have also submitted the letter Erik wrote to his cousin as new evidence, saying it was not seen by the jury when the brothers were sentenced in 1996 and could have influenced their decision.

Roy Rossello has also provided a signed declaration of his alleged rape by Jose Menendez to the brothers’ lawyers, which they say is further proof of his supposed abusive nature.

In a news conference, Mr Gascon clarified that the review was not to determine whether or not the brothers killed their parents, saying it was “factual” and “well established” they had.

He also said more than 300 people had been resentenced during his term as district attorney and only four had gone on to reoffend.

Why has the hearing been delayed?

Judge Jesic said it was partially because he needed time to review 17 boxes of documents relating to the case and was “not ready to go forward”.

But it’s also because the DA who recommended the review, Mr Gascon, has been replaced by Nathan Hochman, who took office on 2 December.

The judge said the delay was also to give Mr Hochman enough time to review and weigh in on the case.

The new DA, a Republican-turned-independent, has differing views to his predecessor Mr Gascon, a Democrat known for his particularly progressive views.

The trial was set for the end of January, but it was pushed back again to March due to the California wildfires.

Big changes since resentencing trial was set

LA’s previous DA Gascon called for the resentencing because he believed the brothers had been rehabilitated in prison, and felt their trial would have been treated differently with today’s understanding of how sexual and physical abuse affects children.

This gave the Menendez brothers hope, because when prosecutors support resentencing, there is “somewhat of a presumption” that the court will do it, says Laurie Levenson, a former federal prosecutor and professor of criminal law at Loyola Law School in Los Angeles.

But his successor, Mr Hochman, disagrees, saying earlier this month the brothers have repeatedly lied about why they killed their parents and “fell short” of taking full responsibility for their crimes.

He has opposed the resentencing, saying it’s because of their “lack of full insight and lack of complete responsibility for their murders”.

His office has submitted an 88-page document urging the judge to withdraw the previous DA’s resentencing motion.

It does not mean the resentencing is getting called off, but experts like Ms Levenson say it significantly reduces the likelihood of the judge ruling in the brothers’ favour.

Another potential road to freedom

In addition to a resentencing, the brothers have also sought their freedom through a request for clemency from California governor Gavin Newsom, who has the power to free them himself.

Mr Newsom, who supported Mr Gascon, ruled out making a decision until he has heard Mr Hochman’s views on the brothers’ case.

“The governor respects the role of the district attorney in ensuring justice is served and recognises that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” Mr Newsom’s office said in a statement on 25 November.

“The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

But even after Mr Hochman’s decision to push against the brothers’ freedom, their hopes of Mr Newsome granting clemency have not disappeared.

At the end of February, the governor ordered the state parole board to investigate whether the brothers would pose a risk to the public.

It was a move celebrated by the Menendez’s lawyers, who said in a statement: “The family realises that the governor’s action does not mean he will commute the sentences. Instead, this initial step reflects the governor’s considered decision to at least obtain the information required to make a fair decision as to whether Erik and Lyle, after 35 years in prison, have done the hard work necessary to have a chance at a life outside prison.”

Mr Newsom said he wants the parole board to finish the risk assessment within 90 days. Following the assessment, there will be a hearing allowing victims’ family members and prosecutors to participate in the process, according to the governor’s office.

Ms Levenson has suggested that because of the change at the DA’s office, clemency is now the brothers’ best shot at freedom.

What the Menendez family says

Some of the brothers’ extended relatives attended the hearing on 25 November where a resentencing date was originally set.

Two of their aunts testified, making what a lawyer for the siblings described during a brief news conference as “impassioned pleas” for Erik and Lyle to be sent home.

Erik’s stepdaughter said their family remains united in their effort to bring the siblings home.

While the judge’s delay was not “the outcome we had hoped for,” she said in a statement, “we remain optimistic that it represents a step forward in securing their freedom”.

The brothers themselves were scheduled to make their first court appearance in years, but the remote feed from the San Diego prison where they are incarcerated was hampered by technical issues.

On 17 October, two dozen extended family members gathered for a news conference in Los Angeles.

Jose Menendez’s niece Anamaria Baralt spoke on their behalf, telling reporters: “Both sides of the family are united, sharing a new bond of hope.

“This is about truth, justice and healing… Their continued incarceration serves no rehabilitative purpose.”

Ms Baralt said the brothers were victims of a “culture that was not ready to listen”, as she called on the district attorney’s office to “take into account the full picture”.

Joan Andersen VanderMolen, Kitty Menendez’s sister, also told reporters: “I had no idea the extent of the abuse they suffered at the hands of my brother-in-law. None of us did.

“We know that abuse has long effects, and victims of trauma sometimes act in ways that are very difficult to understand.”

Family not entirely united

Kitty Menendez’s brother, Milton Andersen, 90, has said “the appropriate sentence” for the pair was life in prison without parole.

His lawyer said: “He believes that there was no molestation that occurred. He believes that the motive was pure greed, because they had just learned that they were going to be taken out of the will.”

Entertainment

Reservoir Dogs actor Michael Madsen died from heart failure, says cardiologist

Published

1 day ago

July 9, 2025

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Reservoir Dogs actor Michael Madsen died from heart failure, says cardiologist

Actor Michael Madsen, who starred in Reservoir Dogs and Thelma & Louise, died from heart failure, his cardiologist has said.

The 67-year-old was found unresponsive in his home in Malibu, California, last Thursday and pronounced dead.

His doctor said heart disease and alcoholism will be listed as factors which contributed to the star’s death, reported NBC Los Angeles.

With no suspicious circumstances and the death listed as being from natural causes, the Los Angeles Sheriff’s Department considers the case closed.

In a career spanning more than 40 years, Madsen’s film credits include Free Willy, Donnie Brasco and Sin City.

He was also known for his collaborations with director Quentin Tarantino, including in Kill Bill: Vol. 2, The Hateful Eight and Once Upon A Time In Hollywood.

The Chicago-born actor also linked up with Tarantino when he played Mr Blonde in 1992’s Reservoir Dogs.

His sister, Oscar-nominated actress Virginia Madsen, paid tribute to her brother in a statement to Variety.

She wrote: “My brother Michael has left the stage.

“He was thunder and velvet. Mischief wrapped in tenderness. A poet disguised as an outlaw. A father, a son, a brother – etched in contradiction, tempered by love that left its mark.”

Madsen was preparing to release a new book called Tears For My Father: Outlaw Thoughts And Poems.

A statement by managers Susan Ferris and Smith, and publicist Liz Rodriguez, said the book by “one of Hollywood’s most iconic actors” was currently being edited.

Entertainment

Fantasy v reality: Lena Dunham’s Too Much is a new spin on the London romcom

Published

1 day ago

July 9, 2025

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Fantasy v reality: Lena Dunham's Too Much is a new spin on the London romcom

Horse-drawn carriages, picturesque gardens and endless cups of tea are just some of the stereotypical tropes that have shaped America’s romanticised image of England before even stepping foot on the island.

Thanks to classical literature and a steady stream of period dramas, Lena Dunham was no exception.

“I had so many fantasies,” she tells Sky News about growing up slightly obsessed with British culture.

“I loved Jane Austen, I loved Charlotte Bronte, I love British film, I was one of those little Anglophile kids.”

The writer and director believed it would be that area of classically depicted England that would fill her time when she first moved to “jolly old London” as a teenager with her mother for a brief time.

Instead, her attention was taken by another, and possibly equally influential group of artists.

“There was a pop show about S Club 7 and all I did was just sit in the hotel and obsessively watch things relating to [the group],” she said.

“So, I didn’t go home with all this cultural British knowledge. I went home with a deep abiding love of S Club 7 and came back to school when everyone was obsessed with the Backstreet Boys and NSYNC.

“For me, I was literally like, ‘Guys, you got to hear this hot track right off the presses, it’s called Reach For The Stars’.”

It wasn’t until her 30s, when the actress moved again to the city, that reality took hold and she quickly learned the difference between the imagined London and the real city.

Some stereotypes hold true, like the universal love for Paddington. Still, TV tropes like renting a flat on a single income in the city does not necessarily mean you’ll be treated to lavish rooms and a picturesque garden.

She says it was social cues she found most challenging to adjust to, as well as the different dictionaries used when speaking, technically, the same language.

“You come to a new country and even though you speak the same language, you’re totally absent from those tools,” she says.

“And I found that really striking as an adult in my 30s, trying to make friends, trying to date. I found it confusing enough to be a person in my own city of origin, so this was extra confounding.”

Too Much, her new Netflix series, is loosely inspired by her own London chapter and follows a workaholic New Yorker in her 30s who is sent across the Atlantic to work on a new project.

The 10-episode show is produced by Working Title – the company behind Bridget Jones, Notting Hill, About A Boy and Love Actually – and stars Hacks breakout actress Megan Stalter and The White Lotus actor Will Sharpe.

Dunham says she always wanted to write about her time in the UK, but it was a conversation with Irish actor Andrew Scott that got the ball rolling.

“Actually, he’s the reason that I came to know Meg as an actor because he loved her on Hacks and he loved her videos, and he said: ‘Have you watched this woman’s work? I feel like there’s a real connection between you two’, and I started watching because of him and built a show around her.”

In a full circle moment, Scott appears in the series briefly as an arrogantly odd man who crosses paths with Megan Stalter’s character Jessica.

The Ridley actor isn’t the only famous face joining the cast in a cameo role. Dunham put a call out to most of Hollywood, and luckily lots were on board.

To name just a few, guest stars include Jessica Alba, Stephen Fry, Adwoa Aboah, Kit Harington, Rita Wilson, Rita Ora, Richard E Grant, Emily Ratajkowski, Andrew Scott, Prasanna Puwanarajah and Jennifer Saunders.

“It was one of those situations where you just reach for the stars, literally, and then you can’t believe when they appear,” says Dunham.

“It was just a non-stop parade of people that I was fascinated by, wanted to be around, completely enamoured of.”

She adds: “I remember asking Naomi Watson, thinking, there’s absolutely no way that you’re going to want to come play this slightly demented woman. And she’s so playful and she’s so joyful and she just wanted to come and engage.

“Also, Jennifer Saunders has meant so much to me for so long, I had the AbFab box set as a kid, and I just think Patsy and Edina are the ultimate kind of messy women.

“She really showed me what comedy could be and… the space that women could occupy in comedy, and so having her come and join the show was really incredible.

“That was an episode that someone else was directing, Alicia McDonald, an amazing director, so I just got to sit and watch at the monitor like I was watching a movie, and it was very surreal for me.”

Too Much is out on Netflix now.

Entertainment

‘I will not go quietly,’ Gregg Wallace says amid reports he’s been sacked by the BBC

Published

2 days ago

July 8, 2025

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'I will not go quietly,' Gregg Wallace says amid reports he's been sacked by the BBC

Former MasterChef host Gregg Wallace has vowed he will “not go quietly”, amid reports that he has been sacked by the BBC.

It comes after the TV host faced an investigation, commissioned by MasterChef’s production company Banijay UK, into alleged inappropriate behaviour while working for the BBC.

In November, the 60-year-old stepped back from presenting the cooking show after accusations that he made sexual comments towards staff and celebrity guests on a range of programmes over 17 years.

Broadcaster Kirsty Wark, author and actor Emma Kennedy, and presenter Kirstie Allsopp, were among the high-profile figures who made claims of inappropriate behaviour against Wallace.

In a statement, released ahead of the publication of the summary of a report into the claims, the 60-year-old said he had been “cleared of the most serious and sensational accusations” made against him.

However, he said the report, carried out by independent law firm Lewis Silkin, had found him “primarily guilty of inappropriate language between 2005 and 2018”.

Wallace’s statement, published on Instagram, came hours before the BBC News reported that 50 more people had made claims to the corporation against the presenter, including allegations he groped one MasterChef worker and pulled his trousers down in front of another.

In his statement, Wallace labelled BBC News’s claims as “uncorroborated tittle-tattle”.

Wallace wrote: “I have taken the decision to speak out ahead of the publication of the Silkin’s report – a decision I do not take lightly.

“But after 21 years of loyal service to the BBC, I cannot sit in silence while my reputation is further damaged to protect others.

“I have now been cleared by the Silkin’s report of the most serious and sensational accusations made against me.

“The most damaging claims (including from public figures which have not been upheld) were found to be baseless after a full and forensic six-month investigation.

“To be clear, the Silkin’s report exonerates me of all the serious allegations which made headlines last year and finds me primarily guilty of inappropriate language between 2005 and 2018.”

‘I was hired as the cheeky greengrocer – now that’s a problem’

Wallace said he recognised that “some of my humour and language” was at times “inappropriate” and, for that, he apologised “without reservation”.

“But I was never the caricature now being sold for clicks,” Wallace, who also referred to his recent diagnosis of autism, added.

“I was hired by the BBC and MasterChef as the cheeky greengrocer. A real person with warmth, character, rough edges, and all.

“For over two decades, that authenticity was part of the brand. Now, in a sanitised world, that same personality is seen as a problem.”

Wallace: Complaints from ‘middle-class women of a certain age’

Shortly after the allegations first emerged, Wallace recorded a video where he dismissed his accusers as “middle-class women of a certain age”.

His remarks were met with huge criticism – including from Downing Street, where a spokesperson for the prime minister described them as “completely inappropriate and misogynistic”.

Wallace responded by posting a follow-up clip where he apologised and said he “wasn’t in a good space” when he posted the comments.

Wallace was replaced in the 20th season of MasterChef, which aired this spring, by restaurant critic and former I‘m A Celebrity contestant Grace Dent. Several Christmas episodes of the show were also pulled from the BBC’s 2024 festive schedule.

In April, Wallace spoke to the Daily Mail, denying all accusations against him and saying he had contemplated suicide following the allegations.

Wallace’s lawyers have previously called allegations that he engages in behaviour of a sexually harassing nature “entirely false”.

A spokesperson for the BBC said: “Banijay UK instructed the law firm Lewis Silkin to run an investigation into allegations against Gregg Wallace. We are not going to comment until the investigation is complete and the findings are published.”

A Banijay spokesperson told Sky News: “We won’t be commenting until our report is published.” They have signalled the report will be published later this week or next.

Banijay previously said Wallace is “committed to fully co-operating” with the external review.

Alongside MasterChef, Wallace presented Inside The Factory for BBC Two from 2015 to 2023.

He also featured on various BBC shows over the years, including Saturday Kitchen, Eat Well For Less, Supermarket Secrets, Celebrity MasterChef and MasterChef: The Professionals, as well as being a Strictly Come Dancing contestant in 2014.

More recently, Wallace has been promoting his health and lifestyle website, offering one-to-one coaching from both himself and a team of experts, which includes nutritionists and doctors, and his wife Anna in the role of recipe curator.

Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.