When could the Menendez brothers be freed?

Published

5 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

Jewish comedian says shows cancelled as Gaza in the spotlight at Edinburgh Fringe

Published

1 day ago

August 1, 2025

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Jewish comedian says shows cancelled as Gaza in the spotlight at Edinburgh Fringe

The Edinburgh Fringe, the world’s largest arts festival, is getting under way, and the conflict in Gaza seems to be feeding into what’s happening.

From shows cancelled to artists divided, it’s no joke.

Rachel Creeger has had a distressing start to her stand-up run.

Two weeks ago, out of the blue, she says the venue Whistle Binkies rang her and fellow Jewish comedian Philip Simon to cancel their slots.

She told Sky News it’s come down to “what we bring to that venue by being ourselves”.

The pair were allegedly given three reasons for the cancellation.

One was linked to a “vigil for IDF soldiers” that she says the venue initially claimed had been held during her performance last year but, according to Creeger, later had to admit hadn’t taken place.

“That never happened,” she insists.

Rachel says she was told her previous performances there had resulted in the venue having to pay for graffiti to be removed from toilet doors every three days.

“Again, we didn’t see evidence of that at all,” she says.

“We’re not the ones writing it… but if it was bothering them and they worried it was bothering us, then maybe we’d have volunteered to help them – or to help clean it.”

She claims she was also told the venue was responding to staff concerns about their own safety should Creeger’s show go ahead.

“It’s a pub in Edinburgh, it’s a music venue, they themselves have bouncers most evenings… And perhaps they might say if there’s a concern about extra risk, we should do all we can to make our performers safe.”

‘More unites us than divides us’

Creeger says her show is in no way political.

“It’s based around the idea that a Jewish mother can answer any question, solve any problem… I will make it better for you, the audience gets to write a question and put it into a chicken soup pot… The reason I kind of love it is because by the end of it people leave feeling actually more unites us than divides us.

“We’re not the people making the trouble,” she adds.

“I’ve certainly never started a protest, I’ve never done graffiti, I’ve never caused harm anywhere; my show doesn’t do that, my show is lovely.”

As Britain’s only touring comedian who is also a practising Orthodox Jew, she says since the 7 October attack she and other Jewish comedians are experiencing a significant increase in antisemitism while performing.

“We’re not Israeli, we’re British Jews,” says Creeger.

“The situation there is horrendous and distressing and painful for people of any number of religions and races… To be kind of scapegoated with dog whistles around that is clearly very, very unpleasant.”

The Fringe Society has said its role is to provide support and advice to all participants at the festival “with a vision to give anyone a stage and everyone a seat”.

A spokesperson explained they don’t manage or programme venues and “we understand that the show cancellations have been a choice made by the venue”.

Whistle Binkies hasn’t responded to multiple requests for comment.

Police Scotland told Sky News it hasn’t “received any reports of concern” about Creeger’s show.

There are, of course, huge sensitivities when it comes to discussing what’s going on in the world right now.

American stand-up Zainab Johnson is making her Fringe debut this year.

While her show Toxically Optimistic is all about putting a positive spin on life’s challenges, she doesn’t shy away from tackling the serious stuff if it comes up.

‘Shows becoming serious is a part of life’

“If I’m doing a show and somebody wants to yell out Free Palestine, well let’s talk about it,” she tells Sky News.

“I am the comedian where, if the show has to become serious, it becomes serious. That’s a part of life, you know?”

Johnson adds: “I’m from the United States and they talk about free speech all the time, but then you find out free speech ain’t really free because the moment you say something that is contrary to what the majority feels or wants to be heard, then you can be penalised…

“But isn’t that the beauty of this festival? So many people just telling their story, whatever their story is.”

Comedian Andy Parsons has had a long-standing career in satire, appearing regularly on shows like BBC2’s Mock the Week.

While he has the likes of Elon Musk and Nigel Farage in his sights for his stand-up show, Please #@!$ Off to Mars, they’re not his only focus.

He says stand-ups “should be able to talk about anything and find a way to get that to work, including Israel and Gaza”.

He explains jokingly: “I’ve got some stuff about Israel in the show and obviously it can work both ways. It can give you some publicity and obviously it can get you cancelled.”

Irish-Palestinian comedian Sami Abu Wardeh – a clown comic – is the only Palestinian doing a full run of a comedy show at this year’s Fringe. 

“My show is clowning, it’s storytelling, it’s even got a bit of stand-up and it’s heavily inspired by the comedian Dave Allen, who is one of my comedy heroes,” says Wardeh.

“It felt really important that I come and just exist in this space, as a Palestinian, and speak my words and have my voice heard. 

“I’ve used all of these skills to make a show that is about really what’s going on in this country and in the world at the moment.

“I think most people in this country are going to recognise that Britain is in a very dark place… and I’m hoping to reach those people and to give a voice to the dissatisfaction.”

‘Plans in place’ for disruption

He’s had to consider the possibility of protests and take steps to “make sure that the audience and myself are safe and secure”.

“We have plans in place to know how to deal with people who are disruptive,” he says. “And particularly anybody who wants to bring any kind of bigoted views into the room.”

As one of the very few Palestinians at the festival, Wardeh says it is “not only my duty” but “an honour to be here and to represent my people”.

He also feels it’s wrong that Rachel Creeger has had her venue cancelled.

“I sincerely support free speech and I think everyone should be able to get on the stage and say what they want, within reason obviously,” says Wardeh.

Rachel says she hopes to confirm a new venue for her show on social media in the coming days.

“We’ve thankfully had a number of venues approach us to say that they have space available, so I’m hopeful that I’ll get – if not a full – then at least part of the run for the show.”

Since arriving in Edinburgh she’s been overwhelmed by how many hugs of support she’s received.

“To have super high-profile comedians put their heads above the parapet to say ‘this is wrong’, it means so much…In a way the story is that someone’s done something very hurtful… But look at all the love, that’s amazing.”

Sami Abu Wardeh’s Palestine: Peace de Resistance is at the Pleasance Dome in Edinburgh until 24 August
Andy Parsons’ Please #@!$ Off to Mars is at Pleasance Courtyard’s Cabaret Bar until 10 August
Zainab Johnson: Toxically Optimistic is at Pleasance Courtyard until 24 August

Entertainment

Flintoff praises NHS staff who treated him after crash, as doctor says his injuries were ‘among most complex’ he’s ever seen

Published

2 days ago

August 1, 2025

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Flintoff praises NHS staff who treated him after crash, as doctor says his injuries were 'among most complex' he's ever seen

Andrew Flintoff has praised the “love and compassion” of “superhero” staff in a visit to the hospital that treated him after his crash.

The cricket legend was seriously injured during the incident on the Top Gear track in Surrey in December 2022.

He was airlifted to St George’s in Tooting, with a surgeon calling Flintoff’s injuries some of the most complex he’s seen.

“I just want to say a massive thank you to all the staff at St George’s,” Flintoff said, as he returned to the London hospital.

“I came here probably the lowest I’ve ever been, in need of help and the expertise, the love, the compassion they showed me was incredible.

“I’ll be eternally grateful – absolute superheroes.”

Jahrad Haq, a maxillofacial surgeon, said he knew immediately the case was something out of the ordinary.

“I was on call that day and received a phone call from the emergency department consultant,” said Mr Haq.

“A lot of injuries are managed at a more junior level before escalating, so I knew this one was serious.

“Of all the trauma cases I’ve seen in over 20 years, this was among the most complex.”

Flintoff was also pictured on his visit meeting lead dental nurse Linda Holden and principal orthodontic nurse Sonia Steer.

Shamim Umarji, who also treated the 47-year-old, said it was “wonderful to see Freddie again and his visit gave staff a real boost”.

“He spent a lot of time chatting to everyone and it meant a lot,” added the trauma and orthopaedic surgeon.

Flintoff previously described how he thought he had died in the accident – which saw him “pulled face-down on the runway” for about 50m under a three-wheel car.

The incident led to the BBC pulling the plug on Top Gear and it remains unclear if it will ever return.

Entertainment

Brian Cox: Trump talking ‘b*******s’ on Scottish independence

Published

2 days ago

August 1, 2025

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Brian Cox: Trump talking 'b*******s' on Scottish independence

Hollywood actor Brian Cox has told Sky News that Donald Trump is talking “bollocks” after suggesting there should be 50 or 75 years between Scottish independence referendums.

The US president said a country “can’t go through that too much” when questioned by reporters during his visit to Scotland this week.

The Emmy-winning star, who is an independence supporter, has hit back, branding him “that idiot in America”.

The 79-year-old told Sky News: “He’s talking bollocks. I’m sorry, but he does. It’s rubbish. Let’s get on with it and let’s get it [independence] done. We can do it.

“It’s been tough as there’s a great deal of undermining that has gone on.”

SNP fraud probe causing ‘harm’

Mr Cox said the police fraud investigation examining the SNP’s finances has done “enormous harm” to the party and wider independence movement.

Nicola Sturgeon was arrested as part of the long-running police probe but cleared of any wrongdoing earlier this year.

The former first minister’s estranged husband Peter Murrell, who was SNP chief executive for two decades, appeared in court in April to face a charge of alleged embezzlement. He has entered no plea.

Brian Cox is preparing to return to the Scottish stage for the first time in a decade in a play about the Royal Bank of Scotland’s role in the 2008 financial crash.

Ahead of the Edinburgh festival performances, the veteran actor told Sky News: “I think it’s a masterpiece. It’s certainly one of the best pieces of work I’ve been involved in.

‘My friend Spacey should be forgiven’

The Succession star was also asked about his “old friend” Kevin Spacey.

The former House of Cards actor, 65, was exiled from the showbiz world in 2017 after allegations of sexual misconduct.

Spacey has admitted to “being too handsy” in the past and “touching someone sexually” when he didn’t know they “didn’t want him to”.

Spacey stood trial in the UK for multiple sexual offences against four men in July 2023 but was acquitted on all counts.

Mr Cox told Sky News: “I am so against cancel culture. Kevin has made a lot of mistakes, but there is a sort of viciousness about it which is unwarranted.

“Everybody is stupid as everybody else. Everybody is capable of the same mistakes and the same sins as everybody else.”

Asked if he could see a return to showbiz for Spacey, Cox replied: “I would think so eventually, but it’s very tough for him.

“He was tricky, but he has learnt a big lesson. He should be allowed to go on because he is a very fine actor. I just think we should be forgiving.”

He concluded: “What is the joy you get out of kicking somebody in the balls when they are down? That is what I cannot stand.”