Yes — as of July 2026, both Erik and Lyle Menendez are still in prison. Searches for “are the Menendez brothers still in prison” are trending across the US right now, and the short answer is that the brothers remain incarcerated at the Richard J. Donovan Correctional Facility near San Diego, California, more than 36 years after the 1989 murders of their parents. Last updated: July 23, 2026.
Who Are the Menendez Brothers?
Lyle Menendez (now 58) and his younger brother Erik (now 55) were convicted in 1996 of the first-degree murders of their parents, Jose and Kitty Menendez, who were shot at the family’s Beverly Hills mansion in August 1989. At trial, the brothers claimed they acted out of fear after years of sexual and emotional abuse by their father, while prosecutors argued the killings were planned and motivated by the family fortune. Both were originally sentenced to life in prison without the possibility of parole.
The case has never really left the public eye, and a wave of documentaries and dramatizations in recent years has introduced it to a new generation — one reason questions about the brothers’ current status keep spiking in search.
The 2025 Resentencing That Changed Everything
In May 2025, a Los Angeles judge resentenced the brothers to 50 years to life in prison. Because both were under 26 at the time of the crime, California’s youthful offender parole law made them immediately eligible for a parole hearing. The judge cited supportive letters from prison staff and the brothers’ rehabilitation work with fellow inmates, including programs they founded behind bars.
The resentencing came after a lengthy legal battle with Los Angeles County District Attorney Nathan Hochman, who opposed the brothers’ release, summing up his position as “not never, but not yet.”
Why Parole Was Denied in 2025
In August 2025, Erik and Lyle appeared before California parole panels in separate hearings held a day apart — and both were denied. Commissioners pointed to repeated prison rule violations, particularly the use of contraband cellphones, as evidence that the brothers still posed an unreasonable risk. Each received a three-year denial, putting their next scheduled hearings around 2028, although an administrative review could shorten that wait to roughly 18 months with continued good behavior.
A further setback came in September 2025, when Judge William Ryan denied their habeas corpus petition for a new trial. The petition relied on two pieces of newly surfaced evidence: a declaration from former Menudo member Roy Rossello alleging abuse by Jose Menendez, and a 1988 letter Erik wrote to his cousin describing abuse. The court found neither strong enough to warrant a new trial.
How the US Prison and Parole System Applies to Their Case
The Menendez brothers are held in a state prison, not a federal one, because murder charges of this kind are prosecuted under California state law. State systems run their own parole boards and sentencing rules — you can read more about the differences in our guide to federal vs. state prisons.
In California, an inmate serving an indeterminate sentence like 50-to-life must be found suitable for release by the Board of Parole Hearings, and the governor can review certain decisions. Parole rules vary widely across the country — see our state-by-state breakdown of parole and probation rules for how these systems compare, and our prison reform updates for recent changes nationwide.
What Happens Next?
The brothers’ legal team can appeal the habeas ruling to higher courts, and the brothers may seek an earlier parole hearing through administrative review. Their most realistic near-term path to release is clemency from California Governor Gavin Newsom, who ordered a formal risk assessment of the brothers in 2025 and can act on their clemency request at any time. Unless one of those paths succeeds, Erik and Lyle Menendez will remain in prison at least until their next parole hearings, expected around 2028.
Frequently Asked Questions
Where are the Menendez brothers being held?
Both brothers are housed at the Richard J. Donovan Correctional Facility, a California state prison near San Diego, where they have taken part in rehabilitation and education programs.
When is their next parole hearing?
After the August 2025 denials, their next parole hearings are expected around 2028. An administrative review could move that up to roughly 18 months from the denial if they maintain good behavior.
Could Governor Newsom release them?
Yes. Governor Gavin Newsom has the power to grant clemency at any time. A clemency request is pending, and Newsom previously ordered a risk assessment to evaluate whether the brothers would pose a danger to the public if released.
Why was their request for a new trial denied?
In September 2025, a judge ruled that the new evidence — a letter Erik wrote to his cousin in 1988 and a declaration from a former Menudo member — was not strong enough to have changed the jury’s verdict, and denied the habeas corpus petition.
How long have the Menendez brothers been in prison?
They were arrested in 1990 and have been in custody for more than 36 years, making them among the most well-known long-term inmates in the California prison system.