Will the Menendez brothers be released? What to know as resentencing hearing begins
After months of postponements and delays, a resentencing hearing to determine whether the Menendez brothers should get a chance at freedom after serving more than three decades for the murder of their parents has begun.
Los Angeles Judge Michael V. Jesic determined that the two-day hearing, which was initially set for December and then repeatedly postponed, will take place Tuesday and Wednesday this week. If Jesic sides with the brothers, they could be eligible for parole or released on time served.
Erik and Lyle Menendez were convicted for the 1989 shotgun murders of their parents, Jose and Kitty Menendez, after unsuccessfully arguing that they acted in self-defense following 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 – much of it spurred by a Netflix series and a documentary about the case – fueled recent attempts to reconsider their sentences and get the brothers released from prison.
Outside the courthouse, the brothers' defense attorney Mark Geragos said he is "confident" and "hopeful we will have a good day." He said his clients will not attend the hearing in person but will appear virtually.
"All of the living members of the family are unified in their belief that they should be released and released immediately," Geragos said. "That's the result that we're aiming for."
Meanwhile, District Attorney Nathan J. Hochman reiterated his stance that the brothers are not ready for resentencing because they have "failed to come clean about the full extent of their criminal conduct, their coverup, their lies and their deceit over the past 30 years."
Hochman said their claim that they carried out the killings in self-defense was "a lie" and noted a recent evaluation by the state parole board that determined that the brothers pose a "moderate risk" to pubic safety. "The Menendez brothers are not ready for resentencing in this hearing," he said ahead of the hearing.
DA cites new assessment report in push to keep brothers in prison
The momentum for the brothers' resentencing mounted under former Los Angeles County District Attorney George Gascón, who supported resentencing the brothers so they'd be immediately eligible for parole. However, Gascón lost his reelection bid in November to Hochman, who is now fighting to keep the brothers behind bars.
The brothers currently are vying for their release through at least two processes, resentencing and clemency. The latter is being considered by California Gov. Gavin Newsom.
At Newsom's request, the state parole board put together a "risk assessment" on whether the brothers would pose a risk to the public if released. The report found that the brothers pose a "moderate risk" and cited several violations, including their possession of cellphones while in prison, Hochman said.
At a hearing on May 9, Hochman again tried to revoke the resentencing petition supported by his predecessor, citing the parole board's report. The judge denied his request and largely dismissed the board's findings.
At the same hearing, Geragos also withdrew his petition to get Hochman kicked off the case, saying he wished to move the proceedings forward.
Geragos said he expects to call over a half dozen witnesses to testify as well as at least two experts over the two-day resentencing hearing. Meanwhile, Newsom scheduled a parole board hearing in June to determine whether an application for clemency can go forward.
Contributing: Jeanine Santucci and N'dea Yancey-Bragg