In Los Angeles, Erik and Lyle Menendez’s hopes for reduced sentences and possible release have been delayed due to ongoing legal disputes between the Los Angeles District Attorney’s Office and the Menendez brothers’ defense team.
Superior Court Judge Michael Jesic has postponed the next hearing to May 9 in order to address critical issues in the brothers’ resentencing process. Two main aspects are under consideration: whether to include material from risk assessments done by the state parole board as ordered by the governor, and if the Los Angeles County District Attorney’s office should be removed from the case.
Originally convicted in 1996, the Menendez brothers are serving life sentences without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez, in their Beverly Hills home. At the time, Erik was 18, and Lyle was 21. Their legal defense argued they acted in self-defense due to years of sexual abuse by their father, while prosecutors alleged the murders were motivated by their desire for a multimillion-dollar inheritance.
The case has intrigued the public for decades, reigniting interest through a Netflix series “Monsters: The Lyle and Erik Menendez Story” and an ensuing documentary. On Thursday, media representatives crowded outside the courthouse hoping to gain insight into the latest developments.
The delays stem from action taken by Governor Gavin Newsom, who informed both the district attorney’s office and the court about partially completed risk assessments from the parole board, which was requested to assist in the resentencing decision. Prosecutors sought to postpone the hearing to allow these reports to be fully reviewed.
In court, there was significant uncertainty over the contents and relevance of the reports.
“We believe the Risk Assessment Facts must be included in assessing whether the Menendez brothers are still a danger to society,” remarked Los Angeles County District Attorney Nathan Hochman outside the proceedings.
The resentencing hearings are focused on evaluating whether the brothers have been rehabilitated in prison and if their existing sentences should be reduced. Former District Attorney George Gascón proposed modifying their sentences to 50 years with the possibility of parole. However, defense lawyer Mark Geragos is seeking a reduction of charges to manslaughter, which would permit their immediate release.
The hearing process has experienced multiple postponements, including a delay from January caused by wildfires and legal maneuvers by prosecutors.
Tensions arose in court, with neither the judge nor the defense having access to the parole board’s report.
“I need clarity from the governor’s office—this is absurd,” Judge Jesic exclaimed.
Prosecutors, familiar with the report intended for a later parole hearing, argued for its applicability. Deputy District Attorney Habib Balian asserted the report’s significance.
“If there’s a violent risk assessment report, how can we ignore it?” Balian questioned.
The governor’s office confirmed that parts of the risk assessment are available for review under California law, with a clemency hearing upcoming in June. The office stated its willingness to provide the report if requested, explaining it wasn’t a solitary assessment.
The Menendez brothers attended the hearing remotely from a San Diego correctional facility, dressed in prison clothing, showing minimal reaction.
Family members have criticized Hochman for discussing the parole board report, prompting Geragos to plan a motion seeking to disqualify Hochman from the case. Hochman, who entered office in November 2024, does not support the brothers’ resentencing.
Hochman recently withdrew his office’s support for reducing the brothers’ sentences, citing their lack of full admission to fabrications made during their trial, including soliciting false testimonies from friends. His office also disputes the claims of abuse by their father, stating the brothers have not adequately accepted accountability for their crimes.
Most of the Menendez family, barring a now-deceased uncle, have forgiven the brothers and support their release. According to their attorneys, Erik and Lyle have made significant efforts to improve themselves and contribute to prison life.
Menendez cousin, Tamara Goodell, lodged a complaint in March accusing Hochman of violating victim rights under California law, describing him as “hostile, dismissive, and patronizing” during their meeting.
“I don’t feel safe with him,” Goodell commented post-hearing.
A hearing last Friday saw prosecutors introduce a distressing crime scene photo without prior notice.
“That’s not dignity,” attorney Bryan Freedman, representing the Menendez relatives, stated. “It’s disrespect. It’s harassment.”
Apologizing for not issuing a warning, Balian added, “The horror was caused by Erik and Lyle Menendez, not me.”