Menendez brothers face setback in potential path to freedom as resentencing delayed again
- Erik and Lyle Menendez killed their parents in 1989 in a case that became a national spectacle.
- The Menendez brothers are pursuing resentencing as one possible pathway to freedom from prison.
The Menendez brothers faced another setback in their efforts to get out of prison, where they have spent more than three decades for the gruesome murder of their parents, after a long-awaited resentencing hearing was delayed again.
Erik and Lyle Menendez were convicted of the 1989 shotgun murders of their parents, Jose and Kitty Menendez. They were convicted in 1996 after unsuccessfully arguing that they acted in self-defense after suffering through years of physical and sexual abuse. They are serving life in prison without the possibility of parole, but a wave of public attention and support has fueled multiple efforts at obtaining a pathway to release from prison.
The resentencing hearing, which was supposed to span two days beginning April 17, was put on hold again so Judge Michael Jesic could review newly completed "Comprehensive Risk Assessments" reports on the brothers by the state parole board at the governor's direction, District Attorney Nathan Hochman said. A new hearing was scheduled for May 9 to determine the admissibility of the reports.
The question of resentencing has prompted a drawn-out legal back-and-forth between opposing Los Angeles County district attorneys. After an hourslong hearing on April 11, Jesic ruled the resentencing could move forward despite fierce opposition by Hochman, who hoped to withdraw the resentencing petition supported by his predecessor George Gascón last year. In the most recent hearing, Hochman requested the delay so the judge could review the assessments.
The April 17 hearing was a showdown between prosecutors and the brothers' defense team, led by attorney Mark Geragos, ABC News reported. Geragos called the prosecution's move a "dog and pony show," ABC reported. The prosecution said Geragos' comments were degrading, and Geragos replied, "You should be degraded!"
Jesic said he needed clarification from the governor's office on the reports, and said, "This is stupid," the Associated Press reported.
“It’s critical that Judge Jesic has sufficient time to thoroughly examine its findings and make an informed decision on its admissibility — before any resentencing hearing moves forward," Hochman said in a statement.
Outside the Van Nuys courthouse on April 17, attorneys for the prosecution and defense spoke to reporters ahead of the hearing. Attorney Mark Geragos told said he considers Hochman's handling of the case "appalling," particularly the decision to show crime scene photos in the courtroom.
"There are people in this courtroom, or will be in this courtroom, that have been following these proceedings, that have lived this case for 35 years. They're the victims. They have the unique situation of both being victims in this case and relatives of the defendants," Geragos said.
Hochman recounted the gruesome details of the killings, reiterated his position that the brothers have not accepted responsibility for their actions and rejected their claims about abuse and self-defense.
Hochman said the brothers "have had every opportunity to come clean and say, 'Look, we did it. We lied about why we did it and here are the lies that we have told. And we want the world to understand that we now, that we now understand all the breadth of our criminal conduct and are prepared to be rehabilitated, be resentenced and returned to society.' They have not done that."
"And when people say, does the prosecution oppose resentencing? The answer is not no. The answer is not yet," Hochman added.
Parole report stalls resentencing
The risk assessment came after California Gov. Gavin Newsom ordered the parole board to investigate whether the men would pose an "unreasonable" public safety risk if they are released. Newsom said in February that public safety experts and forensic psychologists would conduct the assessment and the findings would be sent to Hochman and Jesic.
Hochman said prior to the hearing that he "somewhat unexpectedly" received the Comprehensive Risk Assessment from the board on April 15 and filed a motion offering to the delay proceedings so the court could obtain a copy. Hochman declined to comment on what the report found.
What happened in the 1989 murder?
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 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.
When he filed his petition for resentencing, Gascón 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.
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.
Next steps in the Menendez case
The resentencing hearings could result in a revised sentence for the brothers, who have been serving life without a chance of parole since their conviction. The outcome could put parole on the table, opening one possible path to eventual release.
Newsom has also scheduled a June parole board hearing date to determine whether an application for clemency can go forward.
Contributing: Terry Collins and Anthony Robledo, Paste BN