The impending resentencing hearings for Erik and Lyle Menendez, scheduled for next week, are set to recommence after facing multiple postponements. Convicted in 1996 for the murder of their parents, entertainment executive Jose Menendez and Kitty Menendez, the two brothers have been serving life sentences without parole at a young age of 18 and 21 years. Their defense argued the killings were an act of self-defense, claiming long-term sexual abuse by their father, whereas the prosecution suggested the motive was to gain a substantial inheritance.
LA County Superior Court Judge Michael Jesic has slated the hearings for the upcoming Tuesday and Wednesday. Originally, defense attorneys sought to disallow the Los Angeles district attorney’s office from the case, but later retracted this motion. Instead, the prosecutors attempted once more to repeal the resentencing initiative established by the previous district attorney, a move Jesic dismissed.
During the hearings, a critical question will be whether Erik and Lyle have shown rehabilitation over their 30-year incarceration. Their attorneys affirm that the brothers have indeed transformed their lives, having pursued education, engaged in self-help programs, and facilitated support groups within the prison setting. Most of their extended family, aside from a deceased uncle, have forgiven them and advocate for their release, with several cousins vouching for the brothers’ efforts to contribute positively to the prison environment.
To support their stance, defense attorney Mark Geragos intends to present testimonies from seven family members. If resentenced, the brothers might become eligible for parole, pending a decision by the state parole board to possibly free them.
LA prosecutors, however, remain opposed to resentencing. The initiative for a possible reduced sentence was initially introduced by then-LA County District Attorney George Gascón, who recognized the evolving understanding of sexual abuse trauma and noted the brothers’ rehabilitation efforts. Yet, current district attorney Nathan Hochman rescinded that approach, asserting the brothers have not fully acknowledged their wrongdoing, pointing out inconsistencies during their trials.
Hochman has referenced preliminary risk assessment reports that allege violations of prison rules by the brothers, such as cellphone smuggling, suggesting they still pose a ‘moderate’ risk of violence. Nonetheless, Judge Jesic disagreed, deeming nothing substantial was new and dismissing the notion that such minor infractions indicated a lack of progress.
Geragos had requested the removal of Hochman’s office from the case, citing bias, but the motion was withdrawn, with Hochman maintaining his stance based strictly on differing legal opinions rather than personal prejudice.
Meanwhile, the Menendez brothers await Governor Gavin Newsom’s decision regarding potential clemency, anticipated after the final parole board risk assessment report expected by June 13. Although parts of the assessment were disclosed that might impact the brothers’ case unfavorably, Geragos stressed these are merely one element in the parole board’s evaluations, noting they remain subject to alterations.