Are the Menendez Brothers Still in Prison?
Last reviewed: June 2026. Live cases change — check current news for the latest position.
Yes — as of mid-2026 both Erik and Lyle Menendez remain in prison at the Richard J. Donovan Correctional Facility near San Diego. A judge resentenced them in May 2025 from life without parole to 50 years to life, which made them eligible for parole — but the California parole board denied parole to both in August 2025, and a separate bid for a new trial (a habeas petition) was also rejected. They were convicted in 1996 of murdering their parents in 1989.
The story so far
| Date | What happened |
|---|---|
| 1996 | Both convicted of first-degree murder; sentenced to life without parole. |
| May 2025 | Resentenced to 50 years to life, making them parole-eligible under youthful-offender law. |
| August 2025 | Parole board denied parole to both brothers. |
| 2026 | Their habeas petition for a new trial was denied. |
Why they are still inside
The 2025 resentencing reduced their penalty and opened a route to parole, but it did not overturn their convictions. At their August 2025 parole hearings the board declined to release either brother, citing factors including prison rule-breaking and the seriousness of the crime. A petition for a new trial, based on disputed new abuse evidence, was rejected by the court — the judge found it would not have changed the verdict.
Commonly misunderstood
- Resentencing did not free them or quash their convictions — it only made parole possible.
- Being parole-eligible is not the same as being released; parole was denied.
- The childhood-abuse claims central to their new-trial bid remain disputed and were found insufficient by the court.
Frequently asked questions
Are the Menendez brothers out of prison?
No — both remain incarcerated as of mid-2026.
Were they resentenced?
Yes, in May 2025, to 50 years to life — which made them parole-eligible.
Did they get parole?
No — parole was denied to both in August 2025, and a new-trial petition was later rejected.
Related
This is a US case. For the UK equivalent of indeterminate sentences and parole see life sentences and the Parole Board. Sources: CNN, NPR, ABC News and the LA County DA (2025–2026).
