The California Board of Parole’s risk evaluation, conducted at the request of Governor Gavin Newsom as part of a separate clemency effort, concluded that the brothers pose a moderate risk to the community if released.
The report detailed several violations, including possession of illegal mobile phones, with Erik Menendez allegedly caught with a phone as recently as January 2025. Other allegations include drug involvement and past assistance in committing tax fraud. Lyle Menendez was described by evaluators as exhibiting narcissistic traits.
Judge Michael Jesic ruled that parts of the risk assessment could be considered in the resentencing hearing, although attorneys would not be permitted to question the forensic psychologists responsible for the findings.
Los Angeles District Attorney Nathan Hochman has cited the report to oppose resentencing, while defence lawyer Mark Geragos argued the assessment should be limited to an upcoming parole hearing in June.
The hearing will feature seven witnesses for the defence, including two expert testimonies. Geragos also dropped an effort to remove Hochman from the case after allegations of bias linked to public relations activities during his campaign.
The brothers were originally sentenced to life without the possibility of parole. Former DA George Gascón had previously supported resentencing them to 50 years to life, taking into account their ages at the time of the crime and their conduct in prison. Under this revised sentence, they would become eligible for parole immediately.
Over 20 family members have expressed support for the brothers’ release. Jesic’s decision in the upcoming hearing may determine whether their sentences are revised or remain unchanged after 35 years in custody.