Menendez brothers resentenced, now eligible for parole

A major victory for the Menendez brothers… Erik and Lyle have officially been resentenced.

The judge's decision came just before 5 p.m. Tuesday after a full day of hearing testimony from family members. Judge Michael Jesic noted that the new sentence means the brothers' fate is now "up to the parole board and the governor."

Sentence reduced 

What we know:

The judge struck the special circumstances and reduced their sentence to 50 years to life. They are now eligible for parole and will go before the parole board. 

The brothers have already served 35 years of their sentence. 

A clemency hearing is set for June. The board will then make a recommendation to California Gov. Gavin Newsom; Newsom can then act if needed.  

Their family and attorney Mark Geragos called today a ‘great day' and thanked Judge Michael Jesic for being fair. 

"Ultimately, we are here today with this result because of Eric and Lyle, because they chose to live their lives with clarity and a purpose of service. A huge thanks to them, too, for being the kind of people that we could bring home," their cousin Anamaria Baralt said outside the courthouse following the hearing. 

The family said they were hoping for manslaughter, which would have resulted in time served. 

Turning their lives around 

Both brothers spoke via video from prison, apologizing for their actions and apologizing to their relatives. They also both gave emotional testimony about their work to turn their lives around while incarcerated.

"This is a decision that I think will reverberate in the criminal justice system. One of the things that we have argued all along and what the judge said today, the judge commented today, this is one of the most remarkable, and he used that term remarkable, transformations. And he said that while the crime was truly horrific and remarkable, the 35 years since, what they have accomplished is remarkable in with no hope," said Geragos.

FILE - TRIAL OF BROTHERS LYLE & ERIK MENENDEZ, PARRICIDES (Photo by Ted Soqui/Sygma via Getty Images)

The backstory:

Erik and Lyle were sentenced to life without the possibility of parole for the Aug. 20, 1989, killings of their parents, Jose and Kitty Menendez, in their Beverly Hills home. 

The Menendez brothers claim the killings were committed after years of abuse, including alleged sexual abuse by their father.

Family testifies in court 

What we know:

During the morning session Tuesday, three Menendez family members were called to the stand by the defense to try and convince the judge that the brothers had shown remorse and had great insight into their crimes.

The first witness, Erik and Lyle Menendez's cousin Anamaria Baralt, was adamant that the brothers had earned their chance at freedom.

RELATED: '35 years is enough': Menendez brothers' family members testify in court

"We believe that 35 years is enough. They are universally forgiven by our family. They deserve a second chance at life," Baralt said in court. 

She added that the family has suffered from the "relentless attention" the case has stirred up.

"It's been torture for decades to live this out in the public eye," she said weeping. "To be the butt of every joke on SNL ("Saturday Night Live") since (the trial) happened.

RELATED: Menendez brothers' family blames LA DA for aunt's hospitalization: report

The cousin spoke harshly about "the narrative that they have not completely taken accountability (for their crimes). They feel terrible about it." Baralt cried as she explained the never-ending trauma of being family to both the victims and their murderers.

Family members testified that if released, the brothers would assume roles as advocates for victims of childhood sexual trauma, which the brothers contend they are victims of. While behind bars, Baralt said, Erik and Lyle Menendez have been involved in rehabilitation projects for inmates and hospice services.

RELATED: Menendez Brothers: Attorneys withdraw motion to remove LA DA Hochman from case

"They are incredible people," she told the court. "The work they have done has been inspiring and I hope they have a chance to inspire the world. ... They are not the same people they were 35 years ago."

Another cousin, Tamara Goodell, testified that the brothers "have made every possible effort to rehabilitate themselves. ... They now see the world through 35 years of healing. They have created careers for themselves in prison."

RELATED: Menendez Brothers: Attorneys withdraw motion to remove LA DA Hochman from case

Another witness, Diane Hernandez, the niece of Kitty Menendez, called them "remarkable human beings. There is absolutely no chance that they would break the law (if released). Their only desire is to do good." She described the possibility of her cousins being released as a ‘miracle.’ 

The Source: Information for this story came from testimony during court, previous FOX 11 reports, the Associated Press and City News Service.

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