Erik and Lyle Menendez’s long-awaited resentencing listening to has been delayed after a dramatic day in court docket.
The several-day resentencing listening to was anticipated to start on Thursday, with 10 Menendez members of the family able to take the stand.
A brand new listening to is now set for Might 9 to find out whether or not the brothers’ resentencing path ought to issue within the newly-completed parole board’s threat evaluation — which was performed as part of a separate clemency path — and whether or not Los Angeles County District Lawyer Nathan Hochman and his workforce will likely be faraway from the case.
MORE: Menendez brothers timeline: From the 1989 murders to their new fight for freedom
The stunning delay comes after a high-stakes listening to on Thursday throughout which the Menendez brothers’ lawyer, Mark Geragos, confronted off towards Hochman, who’s attempting to maintain the brothers behind bars.
In a submitting late Wednesday, prosecutors urged the court docket to acquire a duplicate of a just lately accomplished threat evaluation performed on the brothers by the California Board of Parole Hearings on the request of Gov. Gavin Newsom. The submitting by the district lawyer’s workplace urged the choose to delay the sentencing if the court docket could not get a duplicate of the report in time for the listening to.
At Thursday’s listening to, the prosecution persistently argued the finished threat evaluation is related.
PHOTO: This mixture of two reserving pictures offered by the California Division of Corrections exhibits Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections through AP)
Geragos known as the prosecution’s try a “canine and pony present.” The prosecution shot again to the choose, saying Geragos’ feedback had been degrading, after which Geragos mentioned, “You ought to be degraded!”
Choose Michael Jesic mentioned he wanted extra details about the governor’s workplace’s threat evaluation report and the way it may be utilized by the court docket, saying, “As a result of that is silly.”
After a recess, Jesic requested the protection and prosecution for a convention in chambers. About 10 minutes later, Geragos strode again into the courtroom, directed his workforce to the door and walked out, with about 20 of the Menendez kin and Erik Menendez’s spouse — who all help the brothers — following go well with.
Geragos mentioned the governor’s workplace has allowed the choose to hunt the chance evaluation studies. Geragos famous a powerful need for them for use just for the June 13 parole listening to, and careworn that the excellent threat evaluation is just not but ultimate.
The brothers — who’re serving life in jail with out the potential of parole for the 1989 murders of their dad and mom, Jose and Kitty Menendez — are combating to be launched after 35 years behind bars.
Final week, Lyle and Erik Menendez had a serious win in court docket when the judge ruled in their favor at a hearing concerning Hochman’s movement to withdraw the resentencing petition submitted by the earlier DA, George Gascón, who supported resentencing and the brothers’ launch.
Within the DA’s three-hour argument final Friday, he argued the brothers — who had been listening to the listening to through video — have not taken duty for his or her actions and he known as their claims of self-defense a part of a litany of “lies.” Hochman additionally dismissed the brothers’ declare that they had been sexually abused by their father.
PHOTO: Lyle, left, and Erik Menendez sit in Beverly Hills Municipal Courtroom the place their attorneys delayed making pleas on behalf of the brothers who’re suspected within the murders of their dad and mom on March 12, 1990. (Nick Ut/AP)
Geragos fired again, calling Hochman a “’90s Neanderthal” for refusing to imagine the brothers.
The choose on Friday denied Hochman’s motion to withdraw and mentioned the brothers’ resentencing listening to would proceed as deliberate on April 17 and 18.
Geragos known as the choice “in all probability the largest day since they have been in custody.”
“They’ve waited a very long time to get some justice,” he mentioned.
Hochman mentioned in an announcement after the ruling, “We concluded that the case was not ripe for resentencing primarily based on the Menendez brothers’ persevering with failure to exhibit full perception and settle for full duty for the whole gamut of their prison actions and cover-up, together with the fabrications of their self-defense protection and their lies regarding their father being a violent rapist, their mom being a poisoner, and their attempting to acquire a handgun for self-defense the day earlier than the homicide.”
PHOTO: District Lawyer Nathan Hochman supplies an replace on the Lyle and Erik Menendez case, March 10, 2025. (Robert Gauthier/Los Angeles Instances through Getty Photographs)
This potential path to freedom gained momentum in October, when Hochman’s predecessor, Gascón, introduced he was in help of resentencing.
Gascón really useful their sentences of life with out the potential of parole be eliminated, and mentioned they need to as a substitute be sentenced for homicide, which might be a sentence of fifty years to life. As a result of each brothers had been below 26 on the time of the crimes, they might be eligible for parole instantly with the brand new sentence.
Gascón’s workplace mentioned its resentencing suggestions consider many elements, together with rehabilitation in jail and abuse or trauma that contributed to the crime. Gascón — who misplaced his reelection bid to Hochman in November — praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and assist different inmates.
MORE: Menendez brothers’ resentencing hearing to move forward after judge denies DA’s motion
In addition to resentencing, the brothers have two different potential paths to freedom.
One is their request for clemency to California Gov. Gavin Newsom.
Newsom announced in February that he was ordering the parole board to conduct a 90-day “complete threat evaluation” investigation into whether or not Lyle and Erik Menendez pose “an unreasonable threat to the general public” in the event that they’re granted clemency and launched.
After the chance evaluation, which Hochman mentioned within the late Wednesday submitting is now full, Newsom mentioned the brothers will seem at unbiased parole board hearings on June 13.
The opposite path is the brothers’ habeas corpus petition, which they filed in 2023 for a assessment of two new items of proof not introduced at trial: a letter Erik Menendez wrote to his cousin eight months earlier than the murders detailing his alleged abuse from his father, and allegations from a former boy band member who revealed in 2023 that he was raped by Jose Menendez.
In February, Hochman introduced he was asking the court to deny the habeas corpus petition, arguing the brothers’ new proof wasn’t credible or admissible.
Menendez brothers’ long-awaited resentencing hearing is delayed after dramatic day in court initially appeared on abcnews.go.com
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