What’s subsequent for the Menendez brothers? – NBC Los Angeles

A protracted-awaited resentencing listening to for Lyle and Erik Menendez floor to a halt Thursday simply hours after attorneys arrived on the courthouse in Van Nuys, partly over a matter than was not anticipated to be a part of the continuing.

A motions listening to is now scheduled for Might 9 after a Decide Michael Jesic postponed the resentencing listening to, which had already been delayed as a result of January wildfires and a request by the Los Angeles County District Legal professional to rise up to hurry on the method initiated by his predecessor.

At problem are two motions — one to recuse the LA County District Legal professional’s Workplace from the case and one other on whether or not a complete danger evaluation report on the brothers is admissible as a part of the resentencing listening to. Decide Jesic stated each issues should be addressed earlier than the resentencing listening to can transfer ahead.

The danger evaluation report ordered by Gov. Gavin Newsom was not meant for consideration at this week’s resentencing listening to, however rapidly took middle stage within the courtroom. The confusion started Wednesday evening when prosecutors stated that they had seen the report, which was ordered for a separate June 13 parole board listening to. Neither the choose nor the brothers’ attorneys had seen the governor’s report, main the choose to name a prolonged noon recess to overview the matter.

Legal professional Mark Geragos, prosecutors and the choose returned to the courtroom within the afternoon, however the choose opted to delay the resentencing listening to till after the motions are addressed.

The listening to on resentencing for Erik and Lyle Menendez was anticipated to be argued Thursday and Friday earlier than the choose. The brothers’ attorneys declare the brothers served sufficient time in jail for the 1989 shotgun murders of their mother and father within the household’s Beverly Hills mansion.

The long-awaited and re-scheduled listening to adopted a contentious court docket continuing final week at which Los Angeles County prosecutors aggressively argued in opposition to resentencing for the brothers, who’re serving life sentences with out parole after two murder trials three a long time in the past. The choose determined to maneuver forward with the resentencing course of, regardless of assertions from the Los Angeles County District Legal professional’s workplace that the brothers killed Jose and Kitty Menendez for a multimillion-dollar inheritance and haven’t admitted to lies throughout their trials nor taken full accountability for the crime.

Protection attorneys declare the brothers acted in self-defense after years of sexual abuse by their father.

The trail to the the listening to, delayed by the January wildfires and a prosecution request for extra time to overview the case, took one other twist late Wednesday with a request from the district legal professional’s workplace for a delay. The DA’s workplace stated it was essential for the court docket to acquire a replica of complete danger assessments being accomplished on the behest of Gov. Gavin Newsom.

The governor’s workplace stated the assessments being ready for a listening to in June will not be full.

The matter derailed Thursday’s scheduled listening to.

Prosecutors stated they’ve seen the report, which was ordered for a separate June 13 parole board listening to. Neither the choose nor the brothers’ attorneys had seen the governor’s report, main the choose to name a recess to overview the matter and the eventual postponement.

Erik, 54, and Lyle, 57, Menendez had been ages 18 and 21, respectively, once they had been sentenced in against the law that commanded the general public’s consideration, which was renewed with the discharge of the Netflix drama “Monsters: The Lyle and Erik Menendez Story” and the documentary “The Menendez Brothers,” launched within the fall of 2024.

Sixteen tickets had been given out lottery-style for a seat Thursday within the courtroom. No cameras had been allowed within the courtroom.

The highway to Thursday’s listening to started in October when then-Los Angeles County District Legal professional George Gascón requested a choose to alter the brothers’ sentence from life with out the opportunity of parole to 50 years to life. That may make them instantly eligible for parole as a result of they dedicated the crime once they had been youthful than 26.

In an interview marking his first 100 days in workplace, Los Angeles County District Legal professional Nathan Hochman stated he would rethink resentencing for the Menendez brother in the event that they totally settle for accountability for his or her mother and father’ murders. Robert Kovacik studies for the NBC4 Information at 7 p.m. on Monday, March 17, 2025.

However Gascón was defeated by Nathan Hochman within the November election. After asking for time to overview the case, Hochman made it clear his workplace wouldn’t help resentencing and withdrew his predecessor’s request.

Ultimately week’s listening to, Deputy District Legal professional Habib Balian stated a key problem with Gascón’s resentencing petition was that it didn’t totally handle rehabilitation and missed key components of the unique crime dedicated. He argued they had been “hunkered down of their bunker of deceit, lies, and deception.”

Balian stated the killings had been motivated by greed when the Menendez brothers discovered they’d be taken out of the need, citing psychiatrist’s notes that he stated confirmed “this was not self-defense.”

Throughout the resentencing listening to, the district legal professional’s workplace will doubtless revisit lots of the arguments made at Friday’s listening to. Arguments each for and in opposition to resentencing are also specified by lots of of pages of filings which have been reviewed by Jesic.

“The Menendez’s haven’t but been totally rehabilitated,” Hochman stated this week in an interview with NBCLA. “The Menendez brothers have been given quite a few possibilities to return clear over the past 30 years and admit the complete vary of their felony, they usually’ve chosen to not.”

The listening to is a chance for the brothers to reveal to a choose that they’ve lived a life in jail that is worthy of resentencing as outlined underneath California regulation. If the choose agrees, their sentence might be decreased to a penalty lower than life with out the opportunity of parole earlier than their case is taken into account by a parole board.

Geragos described the prosecution’s presentation final week, which included bloody crimes scene pictures which are the topic of a criticism by the household, as a “canine and pony present.” He known as the continuing “nothing greater than political cowl” because of Hochman defeating Gascón within the district legal professional’s race.

Geragos argued the choose had full authority to proceed with resentencing underneath a California regulation handed in 2023 that permits a court docket to recall a sentence and provoke resentencing at any cut-off date. Beneath the regulation, courts can cut back penalties based mostly on quite a lot of elements, together with a prisoner’s age and their conduct whereas incarcerated.

A Los Angeles choose dominated that Lyle and Erik Menendez’s effort to be resentenced, and finally be launched from jail on parole, can proceed. 

If nothing modifications after this week’s proceedings, the brothers nonetheless have two paths to freedom.

They submitted a clemency plea to California Gov. Gavin Newsom, who ordered the state parole board to evaluate whether or not the brothers may pose a public danger if launched. The danger-assessment course of is normal observe in parole circumstances and used to find out whether or not an inmate poses a menace to public security in the event that they had been launched.

The brothers additionally submitted a petition for habeas corpus in Might 2023 asking the court docket to grant them a brand new trial in mild of latest proof introduced. Hochman’s workplace additionally filed a movement opposing the petition.

Within the court docket petition, attorneys for the brothers pointed to 2 new items of proof they contend corroborate the brothers’ allegations of long-term sexual abuse by their father. The proof included a letter allegedly
written by Erik Menendez to his cousin Andy Cano in early 1989 or late 1988 and up to date allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, that he too was sexually abused by Jose Menendez as an adolescent.