Menendez brothers resentencing listening to begins Tuesday – NBC Los Angeles

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What to Know

  • Hearings on a resentencing movement within the case of Lyle and Erik Menendez are scheduled for Tuesday and Wednesday in Los Angeles.
  • Attorneys for the Menendez brothers will argue they’ve been rehabilitated after serving greater than 30 years of a life jail sentence for the August 1989 murders of their dad and mom in Beverly Hills.
  • Protection lawyer Mark Geragos stated he plans to name a number of witnesses to testify in help of the brothers.
  • The Los Angeles County District Legal professional’s Workplace will current the case in opposition to resentencing, arguing haven’t taken full accountability for his or her crimes.
  • If the courtroom recommends resentencing, the state parole board would want to contemplate the case and challenge a ruling on whether or not to launch the brothers from jail.
  • Resentencing is only one path to freedom for the brothers, who additionally may very well be granted clemency.

Attorneys for Erik and Lyle Menendez will argue for his or her launch this week when a two-day resentencing listening to begins Tuesday that might present a path to freedom for the brothers, who’re serving life jail sentences for the 1989 shotgun killings of their dad and mom within the household’s Beverly Hills mansion.

The extremely anticipated listening to, delayed by the January wildfires and a request for extra time to evaluation the case by the newly elected county prosecutor, is ready for Tuesday and Wednesday at a courthouse in Van Nuys. The central query within the listening to is whether or not Erik, 54, and Lyle Menendez, 57, have been rehabilitated after serving greater than 30 years of a life jail sentence for the August 1989 murders of Jose and Mary Louise “Kitty” Menendez.

Their attorneys and members of the family say sure. The brothers have obtained an schooling, participated in self-help courses and began help teams for different inmates in jail.

Protection lawyer Mark Geragos stated he plans to name a number of witnesses to testify in help of his claims that the brothers have served sufficient jail time and must be resentenced and, finally, launched. The Menendez brothers declare the killings had been dedicated after years of abuse, together with alleged sexual abuse by their father.

If he is profitable and the courtroom agrees, the brothers might instantly grow to be eligible for parole. The state parole board would nonetheless want to contemplate the case and challenge a ruling on whether or not to launch them from jail, which might possible take months to finish.

It was not instantly clear when the decide, who has broad discretion within the case, may challenge a ruling after this week’s hearings.

The Los Angeles County District Legal professional’s Workplace will current the case in opposition to resentencing. Prosecutors allege the murders had been carried out as a consequence of purchase their dad and mom’ cash.

The excellent threat evaluation stated Lyle Menendez has narcissistic tendencies whereas Erik Menendez might be weak to different folks’s affect. This video was broadcast through the NBC4 Information at 5 p.m. on Friday, Could 9, 2025.

Earlier District Legal professional George Gascón, defeated within the November election by challenger Nathan Hochman, opened the door to resentencing when he requested in October that the life sentences with out parole be decreased to 50 years with the potential of parole. Gascón arged the Menendez brothers’ case and homicide trials would have been dealt with in another way as we speak as a consequence of present understandings of sexual abuse and trauma, and the brothers’ rehabilitation throughout their 30 years in jail.

The brothers had been below 26 on the time of the murders, so that they may very well be eligible for parole by means of the state’s youthful offender regulation, Gascón argued.

However Hochman, who took workplace in December, reversed course, firmly stating his opposition to resentencing and arguing that Lyle and Erik Menendez haven’t taken full accountability for his or her crimes as a result of they haven’t admitted to lies advised throughout their trials. The brothers have admitted to the murders, however Hochman has argued they proceed to make excuses for his or her actions and lie about circumstances surrounding the killings.

“Proper now, they don’t seem to be able the place we might advocate for re-sentencing,” Hochman advised the decide at a listening to Friday.

In an try to refute the LA district lawyer’s declare that Erik and Lyle Menendez pose a threat of violence, the brothers’ protection lawyer, Mark Geragos stated, he’s assured the decide will disregard the claims. 

Among the many proof, Hochman claims, are the preliminary outcomes of threat assessments for Erik and Lyle Menendez, ordered by Gov. Gavin Newsom and performed by a forensic psychologist. The reviews, which haven’t been made public, stated the brothers just lately broke jail guidelines by smuggling cellphones inside. Hochman stated the actions demonstrated an incapability to manage their very own habits. The reviews additionally got here to the conclusion that the brothers had been “reasonably extra possible” to interact in violence locally, Hochman stated.

The danger evaluation, performed by public security and forensic psychology consultants, is typical process in instances involving prisoners up for parole. The Menendez brothers haven’t been really useful for parole, however Newsom stated the danger evaluation was began to supply transparency and extra data earlier than any subsequent steps.

Geragos had filed a movement to recuse Hochman’s workplace from the case as a consequence of what he known as a bias in opposition to the brothers, however withdrew that movement at a listening to Friday. Hochman has stated his workplace has performed nothing incorrect, however strongly disagrees with the protection attorneys and their arguments as to why the brothers must be resentenced.

District Legal professional Nathan Hochman claimed Erik and Lyle Menendez are “not but” able to be resentenced throughout a information convention Friday. This video was broadcast through the NBC4 Information at 11 a on Friday, Could 9, 2025.

Additionally at Friday’s listening to, Hochman tried to once more ask the courtroom to withdraw the resentencing petition. The decide disagreed and set the dates for hearings on the resentencing movement.

It was not instantly clear whether or not the brothers will likely be in courtroom for this week’s hearings. Throughout earlier courtroom proceedings, they’ve appeared on a video feed from jail.

Resentencing is only one path to freedom for the brothers. They’re nonetheless ready for the complete outcomes of a state parole board threat evaluation ordered by Newsom’s workplace, which is only one a part of the board’s analysis.

The ultimate listening to, scheduled for June 13, will affect whether or not Newsom grants the brothers clemency. If, finally, the brothers had been really useful for parole by the state board, the matter can be positioned earlier than the governor for a ultimate choice.

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