Erik and Lyle Menendez’s re-sentencing hearings can proceed regardless of opposition from the Los Angeles County district lawyer, a choose dominated Friday.
The brothers had been sentenced to life in jail with out the potential for parole at ages 18 and 21 after being convicted of murdering their mother and father, Jose and Kitty Menendez, of their Beverly Hills dwelling.
Former Los Angeles District Lawyer George Gascón asked a judge last year to vary the brothers’ sentence from life with out the potential for parole to 50 years to life. That might made them instantly eligible for parole as a result of they dedicated the crime after they had been youthful than 26.
However Gascón’s successor reversed course. Nathan Hochman submitted a movement final month to withdraw the re-sentencing request.
Hochman’s workplace mentioned it couldn’t help the brothers’ re-sentencing as a result of they’d not admitted to lies advised throughout their trial about why they killed their mother and father and didn’t “absolutely acknowledge, acknowledge, and settle for full accountability” for his or her crime.
Los Angeles County Superior Courtroom Decide Michael Jesic mentioned prosecutors could make that argument in the course of the re-sentencing listening to.
“The whole lot you argued right this moment is totally honest recreation for the re-sentencing listening to subsequent Thursday,” he mentioned.
No statements from brothers
The brothers appeared in court docket over Zoom however did not make any public statements.
“They’ve waited a very long time to get some justice, right this moment is definitely in all probability the most important day since they have been incarcerated,” the brothers’ lawyer, Mark Geragos, mentioned of the household.
Whereas the defence argued they acted out of self-defence after years of sexual abuse by their father, prosecutors mentioned the brothers killed their mother and father for a multimillion-dollar inheritance.
Deputy District Lawyer Habib Balian mentioned the important thing situation with Gascón’s re-sentencing petition was that it didn’t absolutely tackle rehabilitation and missed key components of the unique crime dedicated.
“What does it imply? To be taught out of your errors and really perceive that you just had been flawed,” Balian mentioned.
He offered proof and video clips of the brothers’ testimony from the primary trial to display cases the place they “hunkered down of their bunker of deceit, lies, and deception.”
He mentioned the brothers killed their mother and father out of greed after they realized they’d be taken out of the desire, citing psychiatrist’s notes that he mentioned confirmed “this was not self-defence.”
Geragos referred to as the presentation a “canine and pony present” and mentioned it was “nothing greater than political cowl” because of Hochman defeating Gascón within the district lawyer’s race.
“They’ve licensed the denial of sexual abuse,” Geragos mentioned of the prosecution’s presentation.
Defence criticizes use of photograph
Geragos argued the choose had full authority to proceed with re-sentencing beneath a California legislation handed in 2023 that enables a court docket to recall a sentence and provoke re-sentencing at any time limit.
Geragos additionally objected to Balian together with a photograph of the deceased and bloody Menendez mother and father in his presentation, which he mentioned “re-traumatized” members of the family and victims.
The brothers’ cousin Anamaria Baralt and aunt Terry Baralt had been among the many members of the family who had been within the courtroom. The household’s relationship with Hochman has soured.
A lot of the brothers’ prolonged household helps their re-sentencing. Tamara Goodall, a cousin, submitted a criticism with the state asking that Hochman be faraway from the case, citing his alleged bias in opposition to the brothers and alleging he violated a legislation meant to guard victims’ rights.
Hochman had a “hostile, dismissive and patronizing tone” in conferences with the household and created an “intimidating and bullying ambiance,” Goodall wrote.
Of their response to the district lawyer’s movement to withdraw the re-sentencing request, attorneys for the Menendez brothers questioned whether or not Hochman had professional causes for doing so or was influenced by “a change of political winds.”
With out re-sentencing, the brothers would nonetheless have two different pathways to freedom. They’ve submitted a clemency plea to California Gov. Gavin Newsom, who has ordered the state parole board to analyze whether or not the brothers would pose a threat to the general public if they’re launched. The parole board is scheduled to carry its ultimate hearings June 13.
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 offered. Hochman’s workplace additionally filed a movement opposing that petition.
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