If you’ve spent any time on TikTok or watched the Netflix dramas lately, you’ve probably seen the headlines. People are screaming for justice. Families are holding press conferences. But if you're looking for a simple "yes" or "no" to the question are the menendez brothers free, the answer is actually a lot more complicated than a social media caption.
As of early 2026, Lyle and Erik Menendez are still behind bars.
They are sitting in the Richard J. Donovan Correctional Facility in San Diego. It’s been over 35 years since the night in Beverly Hills that changed everything. For a long time, it looked like they would die there. Their original sentence was life without the possibility of parole. That basically meant the door was locked and the key was melted down.
Then 2025 happened.
The Resentencing Rollercoaster: Why Everyone Thought They Were Getting Out
Last year was absolute chaos for this case. In May 2025, a judge actually did something people thought was impossible. Judge Michael Jesic resentenced them to 50 years to life. Because they were under 26 when the crimes happened, California’s "youthful offender" laws kicked in. Suddenly, the impossible was on the table: parole eligibility.
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Everyone got excited. Their lawyer, Mark Geragos, was talking about them being home for the holidays. Fans were waiting at the gates. But the legal system doesn't move as fast as a viral video.
In August 2025, both brothers had their first real shot at freedom during parole hearings.
It didn't go the way they hoped. Erik was denied first. The board pointed to prison rule violations—specifically using a cellphone—as a sign that he still struggled with following the rules. Then Lyle was denied too. Even though a psychologist called him a "very low" risk for future violence, the board decided he needed more time. They gave them a three-year "pullback," meaning they can’t even try again for parole until 2028.
What Most People Get Wrong About the Evidence
You probably know about the "new" evidence. There was a letter Erik wrote to his cousin Andy Cano months before the killings. There was the affidavit from Roy Rossello, the former Menudo member who claimed Jose Menendez abused him too.
Defense lawyers argue this proves the brothers were telling the truth about the sexual abuse all along. They say if this evidence was in the second trial, it would have been manslaughter, not murder.
But here’s the thing: knowing something is true and getting a court to overturn a conviction because of it are two different worlds. In September 2025, a judge rejected their habeas petition for a new trial. The court basically said that while the evidence is interesting, it wasn't enough to throw out the original verdict.
Honestly, it's kind of a mess.
You have a massive divide between the public—who mostly sees them as victims of horrific abuse—and the prosecutors. The current L.A. District Attorney, Nathan Hochman, has been way more skeptical than his predecessor. He’s argued that the brothers still haven't "come clean" about everything. He’s not saying they should stay in forever, but he’s definitely not holding the door open for them right now.
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Is There Still Hope for Them?
If you’re wondering if are the menendez brothers free could become a "yes" soon, there is one last "wild card" in play.
Clemency.
Governor Gavin Newsom has their fate on his desk. He could commute their sentences or grant a pardon whenever he wants. For a while, he was waiting to see what the DA and the courts did. Now that the parole board said "no" and the courts said "no" to a new trial, the ball is entirely in his court.
Newsom is in a tough spot. He’s got the 2026 elections and potentially a 2028 presidential run to think about. If he lets them out, half the country calls him "soft on crime." If he keeps them in, the other half says he’s ignoring a massive miscarriage of justice involving abuse victims.
The Reality of Life in San Diego Right Now
While the world argues about them, Lyle and Erik are just living. They aren't in the same cell, but they are in the same prison. They’ve spent their time:
- Running a "Green Space" project to make the prison yard less depressing.
- Working in hospice care for dying inmates.
- Mentoring younger guys coming into the system.
They are 57 and 54 years old now. They aren't the kids with the sweaters and the perfect hair from the 90s television clips. They’re middle-aged men who have spent more than half their lives in a 6x9 cell.
What Happens Next?
If you want to keep track of the case, don't just look for "breaking news" alerts. The real movement happens in these specific areas:
- The Newsom Decision: Keep an eye on any announcements from the Governor’s office regarding "clemency grants." This is their fastest route home.
- The 2028 Parole Date: Unless the Governor steps in, their next scheduled appearance before the board won't be for another couple of years.
- Appellate Hail Marys: Their legal team is likely going to appeal the September 2025 ruling that denied them a new trial, though that's a long shot.
The Menendez brothers are not free, but they are closer to the exit than they have been since 1990. The "life without parole" barrier is gone. Now, it’s just a matter of whether the state believes 35 years is enough or if they want more.
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If you're following this, the best thing to do is look at the actual court transcripts rather than the dramatized versions on TV. The reality of the evidence is much grittier—and more heartbreaking—than the movies make it out to be.
Check the California Department of Corrections and Rehabilitation (CDCR) inmate locator periodically. It’s the only place where the status will officially change from "In Custody" to "Paroled." Until then, they remain at R.J. Donovan, waiting for a signature that may or may not ever come.