Lyle and Erik Menendez eligible for parole after resentencing by judge

Lyle and Erik Menendez are eligible for parole after more than 30 years in prison for the shotgun murders of their parents at the family's Beverly Hills mansion, according to a resentencing ruling Tuesday from a judge in Los Angeles.

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Judge Michael Jesic resentenced the brothers to 50 years to life in prison, which would make them eligible for parole. The state parole board would still need to consider the case and issue a ruling on whether to release them from prison, which would likely take weeks or months to complete.

In response to the ruling, Los Angeles District Attorney Nathan Hochman reiterating it was necessary for his office to present "all relevant facts and perspectives."

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“Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the court was presented with all the facts before making such a consequential decision,” Hochman’s statement said, emphasizing high-profile cases like the Menendez brothers' "must be viewed with a critical eye."

Judge Jesic made the decision after a day of testimony from family members who described the changes they've seen in the brothers and their hopes for the future. The testimony, at times emotional, was part of a scheduled two-day resentencing hearing that wrapped up in one day.

The brothers gave statements via videolink immediately after the judge's ruling, with Lyle Menendez saying he made no excuses for the murders. He admitted to making a "mockery of the legal system" after his arrest by seeking to have people perjure themselves on his behalf.

"Today, 35 years later, I am deeply ashamed of who I was," he said.

Erik Menendez said he deeply regrets an "atrocious act of violence against two people who deserved to live."

Attorneys for , ages 54 and 57, argued Tuesday that they have been rehabilitated after serving more than 30 years of a life prison sentence for the murders of Jose and Mary Louise "Kitty" Menendez. The brothers have obtained an education, participated in self-help classes and started support groups for other inmates in prison.

Baralt was the first witness at the resentencing hearing.

"Thirty-five years is enough," she said. "They are universally forgiven by the family."

The argued the case against resentencing. Prosecutors allege the murders were carried out due to acquire their parents' money.

During cross examination, Baralt said pain was caused by the brothers’ actions, but that she has long forgiven them.

The Menendez brothers claim the killings were committed after years of abuse, including alleged sexual abuse by their father.

During direct examination, cousin Tamara Lucero Goodell talked about what the brothers might do if they were released from prison. She said Lyle Menendez wants to work on green spaces and Erik Menendez would like to provide hospice care for prisoners.

Asked whether the brothers have changed since the murders, she said they are "1,000 times" different.

"It would bring a lot of closure for all of us," she said of the possibility of their release.

Later Tuesday, a former inmate who served time in prison with Erik and Lyle Menendez took the stand. Anerae Brown, aka X-Raided, teared up when he told the court that the brothers were instrumental in his decision to leave gang life.

Brown has worked in criminal justice reform since he was paroled. He was asked whether he would have been paroled without the brothers' help.

"I'd still be sitting there," Brown said. "If I hadn't met Lyle and Erik, I might still be sitting there doing stupid things."

The hearing, delayed by the January wildfires and a request for more time to review the case by the newly elected county prosecutor, is set to continue Wednesday at a courthouse in Van Nuys. As they have for previous court proceedings, the brothers appeared on a video feed from prison.

Previous District Attorney George Gascón, defeated in the November election by challenger Nathan Hochman, opened the door to resentencing when he requested in October that the life sentences without parole be reduced to 50 years with the possibility of parole. Gascón arged the Menendez brothers' case and murder trials would have been handled differently today due to current understandings of sexual abuse and trauma, and the brothers' rehabilitation during their 30 years in prison.

"I think people now accept that the abuse could happen and did happen, and that was something that at least to males, back then, was incomprehensible," Geragos said Monday.

The brothers were under 26 at the time of the murders, so they are eligible for parole through the state's youthful offender law, Gascón argued.

But Hochman, who took office in December, reversed course, firmly stating his opposition to resentencing and arguing that Lyle and Erik Menendez have not taken full responsibility for their crimes because they have not admitted to lies told during their trials. The brothers have admitted to the murders, but Hochman has argued they continue to make excuses for their actions and lie about circumstances surrounding the killings.

"Right now, they are not in a position where we would advocate for re-sentencing," Hochman told the judge at a separate hearing Friday.

Judge Jesic made clear that he supports resentencing, but seriously considered the prosecutor's mantra that they are not yet ready to be released from custody.

Among the evidence, Hochman claims, are the preliminary results of for Erik and Lyle Menendez, ordered by and conducted by a forensic psychologist. The reports, which have not been made public, said the brothers recently broke prison rules by smuggling cellphones inside. Hochman said the actions demonstrated an inability to regulate their own behavior. The reports also came to the conclusion that the brothers were "moderately more likely" to engage in violence in the community, Hochman said.

The risk assessment, conducted by public safety and forensic psychology experts, is typical procedure in cases involving prisoners up for parole. Newsom said the risk assessment was started to provide transparency and more information before any next steps.

Resentencing was just one path to freedom for the brothers. They're still waiting for the full results of a state parole board risk assessment ordered by Newsom's office, which is just one part of the board's evaluation.

A clemency hearing is scheduled for June.