EXCLUSIVE: Menendez brothers’ attorney speaks ahead of resentencing hearing

LOS ANGELES, CA (AZFamily/AP) — Erik and Lyle Menendez have lived more time behind bars than free.

Since their arrest over 35 years ago for the double murder of their parents in their Beverly Hills, California, home, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates.

Their attorneys plan to highlight their behavior during their time in prison when they argue before a Los Angeles judge on Thursday and Friday for a reduced sentence that could lead to their release.

Attorney Mark Geragos speaks exclusively with True Crime Arizona’s Briana Whitney

Briana Whitney: With the judge moving forward with the resentencing hearing, does that signal to you that he does intend to resentence Lyle and Erik?

Mark Geragos: Well, yes, it does signal that, and that’s why last week was so important.

Mark Geragos: The judge can say 35 years is enough; I’m not only going to recall the sentence, I’m going to reduce it to manslaughter and time served, they’re out! If he doesn’t and sends them to 50 to life, then it goes to the parole board and the governor.

Briana Whitney: Do you expect him to lower this to manslaughter?

Mark Geragos: I think it’s what is right and what the law calls for.Briana Whitney: This DA (district attorney) has been very pointed, very direct, calling Erik and Lyle liars. That they have not taken responsibility for their crimes, do you believe they’ve taken responsibility for their crimes?

Mark Geragos: This D.A., and I don’t use the L word “liar,” but this DA is not really serving victims, and he knows it. There isn’t a single living victim in this case that doesn’t want them out.

Briana Whitney: Have you ever seen a case like this get so caught in a political web of a back and forth in a district attorney’s office?

Mark Geragos: No, I’ve never seen a case that has been made into such a political football, and I’ve been around a lot of criminal prosecutions that have been politically inspired, but this one is really red large.

Briana Whitney: Were Lyle and Erik’s family and your legal team expecting to see those graphic crime scene pictures, and is that protocol to show those at a hearing like that?

Mark Geragos: No, it’s not protocol to show the crime scene pictures like that and it clearly crosses a line when you don’t warn the victims. The D.A., to his credit, apologized. I actually was sitting there, and it took me a second to register that they were doing this because there were 20-some-odd victims in that courtroom, and they flashed it up on the screen.

But Jose’s older sister, who was also Kitty’s best friend, who is steadfast in her support that they should be released, she has gone through two trials. 35 years. She’s never seen those pictures, she’s always been warned, so she’s absented herself. 30 hours later, she was in intensive care they found her nonresponsive or unresponsive in the hotel she’s staying at in L.A. Thank God right now she’s responsive, but still in the hospital, but it was not a high watermark for the D.A.’s office.

Briana Whitney: There are sadly a lot of people who are abused in their lifetime, but they don’t kill their parents. How does that justify the brothers’ crimes?

Mark Geragos: Well, what I would say, there are a lot of people who are abused, who are sexually raped because that’s what happened with these boys when they were boys, and that’s right, they don’t kill their parents. Guess what, they did 35 years. They’ve done 35 years. So, it’s not like they weren’t punished, they were. And they’re different guys today than they were 35 years ago.

Briana Whitney: What are they saying ahead of tomorrow?

Mark Geragos: They’re cautiously optimistic. A lot of people have said last Friday was the first real good day they’ve had, legal day they’ve had, in 35 years.

Where the case stands

The brothers were sentenced to life in prison without the possibility of parole at ages 18 and 21 after killing their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez.

While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.

Former District Attorney George Gascón gave them another chance when he asked the court to consider a new sentence for the brothers, one that would make them immediately eligible for parole.

A resentencing petition filed by Gascón’s office gives a detailed view of their time locked up and their efforts at rehabilitation. Both brothers have received commendations and statements of support from correctional officers who have observed their behavior in prison.

Correctional Lieutenant Victor Cortes wrote of Lyle’s “exceptional conduct, a high degree of character and trustworthiness” in an April 2024 memo supporting his resentencing.

“As far as I can perceive from my professional training as a correctional peace officer, Erik Menendez is a rehabilitated man who humbly strives toward helping those in need,” Corrections Officer D. Rosario said in a March 2016 memo, according to the resentencing petition.

Gascón’s successor, Nathan Hochman, doesn’t agree. He submitted a motion last month to withdraw the resentencing request, and prosecutors argued during last Friday’s hearing they could not support the brothers’ resentencing.

Disciplinary records

Lyle has not been in a single fight in the 30 years he has been in prison, according to prison records that noted that he had to be moved to a Special Needs Yard in 1997 because “he wouldn’t fight back when attacked.”

Both brothers have the lowest possible risk assessment and raw security risk scores for inmates serving a life sentence, according to the resentencing petition.

Unlike his brother, Erik was cited for two fights among his eight violations in prison. Lyle has had five violations, according to the resentencing petition. Some of these violations include possessing a cellphone and contraband such as a lighter or Adidas shoes.

Early prison years

During the first few years of his time in prison, Erik completed numerous victim empathy, anger management and domestic violence programs.

Lyle became involved in leadership roles early on and served as Representative for Prisoners in Northern California prisons in 2003, according to associate warden B. Holmes in a 2017 memo cited in the resentencing petition.

“For over 10 years serving in that capacity, he has worked productively with the administration to foster a positive programming culture at Mule Creek State Prison,” Holmes said.

Community support groups

Erik cofounded the Life Care and Hospice connections support group in 2016 with the goal of providing support for elderly and disabled inmates and developing more compassion and understanding between them and their able-bodied peers, the resentencing petition said.

“Because even behind bars, he believes in compassion and dignity,” his cousin Anamaria Baralt said at a news conference last month.

According to community resource manager Crystal Lopez, Erik authored the whole curriculum and eventually developed a new 126-page manual for the program in 2023.

Erik also started two meditation programs and has become the lead facilitator for Alternatives to Violence, an in-prison conflict resolution workshop. At one point, he was teaching five different classes a week, the resentencing petition said.

Lyle founded a program in 2016 that focuses on helping other inmates understand their childhood trauma and discuss topics like experiencing sex abuse as children as well as Youth LWOP Ally, a mentorship group of youth offenders with sentences of life without possibility of parole mentoring other youth working on their rehabilitation goals.

The Green Space Project

At the Richard J. Donovan Correctional Facility in San Diego, Lyle spearheaded the Green Space Project beginning in 2018, which aims to beautify prison yards to create an environment better suited for reducing violence and recidivism.

Their project was inspired by the Norwegian approach to incarceration that believes humane prison environments leads to more successful reintegration into society.

“Over 100 inmates participated, marking the first time prison administration entrusted an inmate to lead such a redesign,” Baralt said during a virtual news conference in February.

He worked with local businesses and all levels of prison administration to raise more than $250,000 for the project, and he partnered with Guide Dogs of America to raise $100,000 for artificial grass, according to the resentencing petition.

Erik is the lead painter for a massive mural that depicts San Diego landmarks.

The final product will include outdoor classrooms, rehabilitation-group meeting spaces and training areas for service dogs.

Pursuing higher education

Lyle graduated from the University of California, Irvine with a bachelor of arts in sociology earlier this year and earned an associate degree in sociology previously. He is currently enrolled in a master’s program where he studies urban planning and recidivism, and the Green Space program is part of his capstone project.

Erik was accepted into UC Irvine for the fall 2023 term and will graduate in June with a bachelor of arts in sociology. Prior to that, he earned associate degrees in sociology and social and behavioral science, as well as a health care aide diploma.

“They’ve taken a really horrible situation and while they are still in prison, they took that deck of hards and made it a winning hand for themselves,” their cousin Tamara Goodall said.

See a spelling or grammatical error in our story? Please click here to report it.

Do you have a photo or video of a breaking news story? Send it to us here with a brief description.

Copyright 2025 KTVK/KPHO. All rights reserved.