In major win for Menendez brothers, judge rules resentencing can continue: Reports
The Menendez brothers, imprisoned over three decades for the murders of their parents, might be up for resentencing that could result in their eventual freedom after a judge ruled the case could go forward despite fierce opposition from the Los Angeles district attorney, according to news reports.
Lyle and Erik Menendez were convicted of the 1989 murders of their parents, Jose and Kitty Menendez. The brothers long said that the shotgun killings were an act of self-defense after suffering through years of abuse, and a recent wave of attention on their case has fueled advocate calls for their freedom. They're serving life in prison without the possibility of parole.
In an hourslong hearing April 11, Los Angeles District Attorney Nathan Hochman sought to persuade Judge Michael Jesic that prosecutors should be allowed to withdraw the petition for resentencing introduced by Hochman's predecessor. In a win for the brothers, Jesic denied Hochman's motion and ruled to go forward with resentencing hearings on April 17 and 18, according to the Associated Press and ABC News.
"Justice won over politics. It's been a long time coming," attorney Mark Geragos, who represents the brothers, told reporters.
The brothers didn't appear in person for the hearing but made an appearance virtually without making any statements, according to the AP.
Last year, former Los Angeles County District Attorney George Gascón petitioned to resentence the two men to 50 years to life on the two counts of first-degree murder, which he said could also put parole on the table. Gascón lost his re-election to Hochman, who announced last month he is asking the court to withdraw the motion to resentence them.
"They do not meet the standards for rehabilitation. They have not exhibited the full insights and accepted complete responsibility for their actions," Hochman said in his argument against resentencing.
What happened in the 1989 killing?
The Menendezes were convicted in 1996 of the 1989 slaying of their parents in a retrial after their first murder trial ended with an undecided jury. To secure a conviction the second time, substantial evidence of the abuse the brothers said they suffered at the hands of their parents was excluded, their attorneys contend.
The Menendezes’ original trial featured testimony from the brothers accusing their father of horrific physical and sexual abuse. Their attorneys argued that the young men – Lyle was 21 and Erik was 18 at the time of the murders – killed their parents out of self-defense, because they believed, perhaps irrationally, that their parents were going to kill them to stop them from exposing the abuse.
Prosecutors argued that the brothers were lying about the abuse and killed their parents to obtain their estimated $15 million fortune, claims fueled by a lavish spending spree the pair went on after the murders.
The back-and-forth on resentencing
The question of the brothers' resentencing has been the subject of a legal rigamarole with two LA prosecutors on opposite sides. Gascón, the former district attorney, said in his call for resentencing that the Menendezes had "paid their debt to society."
He said he was considering new evidence related to the alleged abuse and met with family members who support the brothers. He also pointed to their overall good behavior while incarcerated, participating in programs and receiving an education.
Gascón acknowledged his decision came after fierce internal debate in the prosecutor's office, with some vehemently opposed to resentencing. After Hochman took over, he said he was requesting to withdraw the petition for resentencing made by his predecessor.
Hochman argued the brothers continuously lied after their parents' murders and never took full responsibility for their actions. Hochman contends the self-defense argument the brothers made in court was "fabricated."
A groundswell of public support for the brothers followed the release of the Netflix documentary “The Menendez Brothers” about the case last year. Another Netflix offering, a dramatized portrayal, was also released. Members of their family have also publicly supported the brothers' release and said they have forgiven them.
The family released a statement accusing Hochman of playing "political games" after he announced he was withdrawing support for resentencing, Variety reported.
“They have apologized for their actions, which were the results of Jose’s sexual abuse and Kitty’s enablement,” the family said. “They have apologized for the horrific actions they took. They have apologized to us. And, they have demonstrated their atonement through actions that have helped improve countless lives. Yet, DA Hochman is effectively asking for them to publicly apologize to a checklist of actions they took in a state of shock and fear.”
Menendez family backs brothers ahead of hearing
Eight family members of the Menendez brothers told ABC News in an interview the night before the April 11 hearing that they are unanimous in their support for their release from prison.
Jose Menendez's sister, Terry Baralt, told the outlet in her first interview in decades that the brothers are "like the boys that I didn’t have." Baralt, now 85, has cancer and said she is worried she won't live to see them out of prison.
"It’s time – 35 years is a long time," she said. "It’s a whole branch of my family erased. The ones that are gone and the ones that are still paying for it, which were kids."
What happens next in the Menendez brothers case?
The Menendez brothers are scheduled to be back in court for resentencing hearings on April 17 and 18, after a delay from an earlier date due to wildfires in California.
Resentencing is one of the pathways toward potential freedom the Menendez brothers have pursued. California Gov. Gavin Newsom has also scheduled a June parole board hearing date to determine whether an application for clemency can go forward.
Contributing: N'dea Yancey-Bragg and Anthony Robledo, Paste BN