埃里克和莱尔·梅南德兹已经被判50年至终身监禁这使得他们立即有资格获得假释-这对兄弟和他们的家庭多年来的证明。
但这并不意味着自动出狱。
让我们来看看接下来会发生什么:
新句子
埃里克和莱尔·梅南德兹于1990年3月被捕,最初因1989年谋杀他们的父母何塞和凯蒂·梅嫩德斯而被判终身监禁,不得假释。这对兄弟说,在被父亲虐待多年后,他们出于自卫实施了谋杀。
在周二的重审听证会结束时,法官迈克尔·耶西克(Michael Jesic)批准了他们50年至终身监禁的新判决,这是根据当时的洛杉矶县地方检察官乔治·加森(George Gascón)在10月份提出的建议。
加斯松建议取消兄弟俩不得假释的无期徒刑,并表示他们应该以谋杀罪被判刑,这是50年到终身监禁。因为两兄弟在犯罪时都不到26岁,根据加州法律,他们有资格立即获得假释。
加斯松的办公室表示,其重新定罪的建议考虑了许多因素,包括监狱中的康复以及导致犯罪的虐待或创伤。加斯松赞扬了兄弟俩在监狱中的表现,称他们改过自新,并开始帮助其他囚犯。
11月,加斯松在连任竞选中输给了内森·霍奇曼(Nathan Hochman),霍奇曼在3月提出了一项动议,要求撤回重新定罪的请愿书,称兄弟俩的自卫主张是一连串“谎言”的一部分。法官驳回了霍奇曼的请求。
这对兄弟通过视频出现在周二的听证会上,直接向法官陈述。
“我杀了我的父母,”莱尔·梅南德兹告诉法官。“我不找借口。”
他还承认90年代在法庭上撒谎作伪证。他为多年的谎言和罪行带来的震惊和悲痛向家人道歉。
“我犯了一个残暴的行为,”埃里克·梅嫩德斯告诉法官。“我的行为是罪恶的、自私的和懦弱的。...没有借口。”
他承认多年来一直说谎,并道歉。
下一步是什么?改判案件
艾瑞克和莱尔·梅南德兹可能需要几个月的时间才能被分配到重审案件的假释日期。根据加州矫正和康复部的说法,他们有资格立即获得假释,因为被判25年或更长时间徒刑的囚犯可以在监禁的第25年获得听证。
据美国广播公司新闻法律分析师马特·墨菲(Matt Murphy)称,这对兄弟可能会在理查德·j·多诺万惩教所(Richard j . Donovan correction Facility)的三人假释委员会面前举行各自的听证会,他们都被关押在圣地亚哥监狱。
墨菲说,加州假释委员会新完成的风险评估——作为兄弟俩单独从宽处理的一部分进行的——确实提出了严重的危险信号,假释委员会将予以考虑。
风险评估的结论是埃里克和莱尔·梅南德兹对社区构成中度风险如果他们被释放,请注意这对兄弟在监狱里没有遵守规则,所以他们在监狱外可能不会遵守法律。
评估显示这对兄弟拥有非法手机。埃里克·梅嫩德斯最近在今年1月有一部手机,霍奇曼强调说,那是在他应该表现得最好的时候。
墨菲解释说:“手机在监狱里非常危险,因为它们可以用来犯罪,可以用来打人,可以用来恐吓证人。”
墨菲说,对于大多数囚犯来说,被抓到携带手机就足以被剥夺假释。
根据评估,埃里克·梅嫩德斯还涉嫌购买和交易毒品,并涉嫌多年前帮助囚犯进行税务欺诈。
“仅仅因为他们有资格并不意味着他们会被释放,”墨菲说。“大多数因谋杀而服刑并有假释日期的无期徒刑囚犯,如果他们在狱中有问题,都不会被释放。”
墨菲说,假释委员会也可能会考虑兄弟俩是否承担全部责任。
这对兄弟周二在法庭上承认了罪行,并承认了谎言,他们的家人表示,他们已经“向我们所有人道歉”,并“在过去的35年里成为了更好的人,值得第二次机会。”
霍奇曼周三表示,兄弟俩已经“开始走上完全接受对他们所有行为负责的道路”,但表示他们没有充分解释他们的谎言,包括他声称自卫是谋杀的原因,这是一个谎言。霍奇曼说,如果他们“完全清白”,委员会应该考虑假释他们,并补充说,他们的风险水平需要从中度降至低度。
心理学家还发现莱尔·梅南德兹自恋。墨菲说,除了风险评估,这对兄弟还将接受进一步的心理评估。
根据加州惩教和改造部的说法,如果获得假释,他们将有资格在最终决定后立即获释,这需要大约五个月的时间。根据该部门的说法,如果假释被拒绝,可能会被判3年、5年、7年、10年或15年。
霍奇曼说,委员会通常不会在第一次尝试时就批准假释。
下一步是什么?赦免案件
与此同时,兄弟俩将于6月13日举行特别假释听证会,讨论他们向加州州长加文·纽瑟姆申请赦免的事宜。正如他们周二所做的那样,兄弟俩预计将在监狱通过视频出现。
仁慈之路与重新判决之路是分开的。兄弟俩的辩护团队于2024年10月提交了赦免请求,纽瑟姆可以随时批准赦免。
在6月13日的听证会后,纽瑟姆将“向法官提交那份报告,以进行重新判决,这将成为我们独立分析的一部分,以决定是否推进赦免申请,支持对本案的减刑,”州长在3月份的“这是加文·纽瑟姆”播客上说。
大局
在重新判决几个小时后,埃里克·梅嫩德斯在接受美国广播公司新闻采访时发表独家声明说,他希望他的案件可以成为“广泛司法改革道路上的一步,这将给我们和监狱中如此多绝望的灵魂带来获得个人救赎的持续希望。”
“我的目标是确保不再有没有希望的人在监狱度过35年,”他说。“对康复工作抱有希望的可能性比今天发生在我身上的任何事情都重要。”
这对兄弟的律师马克·杰拉格斯表示同意,称他们的案件“鼓励被监禁的人做出正确的决定,走上正确的道路。”
但墨菲说,他担心兄弟俩周二的胜利显示了受害者指责的成功。
墨菲说,这对兄弟“继续坚持认为,凯蒂·梅嫩德斯对他们构成了迫在眉睫的死亡或重大身体伤害的威胁,这被每一个上诉法院驳回”。现在墨菲预测“加利福尼亚州的每个无期徒刑者都将要求重新判刑。”
Menendez brothers win resentencing fight: What's next for their case?
Erik and Lyle Menendez have beenresentenced to 50 years to life in prison, which makes them immediately eligible for parole -- a vindication years in the making for the brothers and their family.
But that doesn't mean an automatic release from prison.
Here's a look at what's next:
The new sentence
Erik and Lyle Menendez, who were arrested in March 1990, were initially sentenced to life without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez. The brothers said they committed the murders in self-defense after years of abuse by their father.
At the conclusion of Tuesday's resentencing hearing, Judge Michael Jesic granted them a new sentence of 50 years to life in prison, which follows the recommendation made in October by then-Los Angeles County District Attorney George Gascón.
Gascón recommended the brothers' sentences of life without parole be removed, and said they should instead be sentenced for murder, which is 50 years to life. Because both brothers were under 26 at the time of the crimes, they're eligible for parole immediately under California law.
Gascón's office said its resentencing recommendations took into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the brothers' conduct in prison, saying they rehabilitated themselves and started programs to help other inmates.
In November, Gascón lost his reelection bid to Nathan Hochman, who in March filed a motion to withdraw the resentencing petition, calling the brothers' claims of self-defense part of a litany of "lies." The judge denied Hochman's request.
The brothers, who appeared via video at Tuesday's hearing, addressed the judge directly.
"I killed my mom and dad," Lyle Menendez told the judge. "I give no excuses."
He also admitted to committing perjury by lying in court in the '90s. He apologized to his family for years of lies and the shock and grief of the crimes.
"I committed an atrocious act," Erik Menendez told the judge. "My actions were criminal, selfish and cowardly. ... No excuse."
He admitted to lying for years and apologized.
What's next -- resentencing case
It could take months before Erik and Lyle Menendez are assigned a parole date for the resentencing case. They are eligible for that parole date right away, as inmates with a sentence of 25 years-to-life or longer can get their hearing during the 25th year of incarceration, according to the California Department of Corrections and Rehabilitation.
The brothers will likely each have their own individual hearings in front of a three-member parole board at the Richard J. Donovan Correctional Facility, the San Diego prison where they're both housed, according to ABC News legal analyst Matt Murphy.
Murphy said the California Board of Parole's newly completed risk assessment -- which was conducted as a part of the brothers' separate clemency path -- does raise serious red flags that the parole board will take under consideration.
The risk assessment concluded that Erik and Lyle Menendezpose a moderate risk to the communityif they're released, noting that the brothers didn't follow rules in prison so there's a likelihood they won't follow the law outside of prison.
The assessment revealed the brothers possessed illegal cellphones. Erik Menendez had a phone as recently as January of this year, which Hochman stressed was during the resentencing effort when he should have been on his best behavior.
"Cellphones are very dangerous in prison because they can be used to commit crime -- they can be used to put hits on people, they can be used to intimidate witnesses," Murphy explained.
For most prisoners, being caught with a cellphone is enough to be denied parole, Murphy said.
Erik Menendez also allegedly bought and traded drugs and allegedly helped inmates commit tax fraud years ago, according to the assessment.
"Simply because they're eligible does not mean they'll be released," Murphy said. "A majority of life prisoners serving time for murder with parole dates are not released if they've had problems in prison."
The parole board is also likely to weigh if the brothers have taken full responsibility, Murphy said.
The brothers admitted to the crime and admitted to lies in court Tuesday, and their family said they've "apologized to all of us" and "spent the last 35 years becoming better men worthy of a second chance."
Hochman said Wednesday that the brothers have "started down the path of fully accepting responsibility for all their actions," but said they did not fully explain their lies, including, he claims, that it's a lie self-defense was the reason for the murders. If they do come "fully clean," the board should consider them for parole, Hochman said, adding that their risk level would need to be downgraded from moderate to low.
The psychologists also found Lyle Menendez to be narcissistic. The brothers will undergo further psychological evaluations beyond the risk assessment, Murphy said.
If granted parole, they'd be eligible for release immediately after the decision is finalized, which takes about five months, according to the California Department of Corrections and Rehabilitation. If parole is denied, the denial could be for either three, five, seven, 10 or 15 years, according to the department.
Hochman said the board often doesn't grant parole on the first attempt.
What's next -- clemency case
In the meantime, the brothers have a special parole hearing on June 13 regarding their bid for clemency from California Gov. Gavin Newsom. As they did Tuesday, the brothers are expected to appear via video from prison.
The clemency path is separate from the resentencing path. The brothers' defense team submitted the request for clemency in October 2024 and Newsom can grant clemency at any time.
After the June 13 hearing, Newsom will "submit that report to the judge for the resentencing, and that will weigh into our independent analysis of whether or not to move forward with the clemency application to support a commutation of this case," the governor said in March on his "This is Gavin Newsom" podcast.
The bigger picture
In an exclusive statement to ABC News hours after the resentencing decision, Erik Menendez said he hopes his case can serve as "one step on the path of widespread justice reform that will give us and so many hopeless souls in prison the continued hope to earn personal redemption."
"My goal is to ensure there are no more people spending 35 years in prison without hope," he said. "That possibility of having hope that rehabilitation works is more important than anything that happened to me today."
The brothers' attorney, Mark Geragos, agreed, saying their case "encourages people who are incarcerated to make the right decisions, to take the right path."
But Murphy said he's concerned the brothers' win on Tuesday shows the success of victim-blaming.
The brothers have "continued to insist that they believe that Kitty Menendez posed a threat of imminent death or great bodily harm to them, which was rejected by every single appellate court," Murphy said. Now Murphy predicts "every lifer in the state of California is going to ask for their resentencing."