Lyle and Erik Menendez, seated in Beverly Hills Municipal Court on March 12, 1990, faced charges of murdering their parents. They are scheduled to appear in court on Thursday for a resentencing hearing that could potentially lead to their release. Defense attorney Mark Geragos is set to request L.A. County Superior Court Judge Michael Jesic to consider resentencing the brothers to manslaughter due to the alleged years of sexual abuse inflicted by their father, Jose Menendez.
The Menendez brothers were initially convicted of murder with special circumstances and received life sentences without the possibility of parole following a 1995 trial. A recent development saw former L.A. County District Attorney George Gascón advocating for their parole eligibility under California law, citing their positive contributions to rehabilitation programs in prison and potential evidence of their father’s abusive behavior.
However, current District Attorney Nathan Hochman strongly opposes their release, emphasizing the brothers’ lack of accountability for the gruesome crime. A motion was filed by the district attorney’s office to delay the hearing in order to review the latest risk assessment conducted by the state parole board, requested by Gov. Gavin Newsom as part of a separate clemency petition by the brothers.
The tragic events of August 20, 1989, saw Erik and Lyle Menendez armed with shotguns enter their family home and carry out the killings while their parents watched a movie. The brothers claimed self-defense due to alleged sexual abuse by their father, while prosecutors argued the murders were motivated by greed for their inheritance.
The push for the Menendez brothers’ release gained momentum following a Netflix documentary and the revelation of additional evidence of sexual abuse by Jose Menendez. Family members formed the Justice for Erik and Lyle Coalition to advocate for their freedom, with the exception of one family member who opposed their release passing away recently. The family’s relationship with D.A. Hochman has become strained as the legal battle continues.
During the hearing, attorney Geragos is anticipated to summon several relatives who have accused the district attorney of mistreating them in private meetings. Additionally, a former inmate who was mentored by the brothers is set to testify. Geragos also mentioned that a correctional supervisor, who holds one of the brothers in high regard, will take the stand as well.
Opposing the release of the brothers, attorney Hochman has criticized District Attorney Gascón for allegedly pursuing resentencing to boost his reelection campaign. Hochman has challenged Gascón’s analysis of the case, doubted the brothers’ self-defense claims, and accused them of lying about the shooting incident. He also argued that the brothers lack proper “insight” into their crimes.
At a recent hearing to challenge Gascón’s petition, Judge Jesic agreed with the defense that “insight” is not a relevant factor in a resentencing petition, stating that it is only applicable in a parole hearing. The outcome of the hearing, which may last two days, remains uncertain as to whether Jesic will make an immediate ruling on Friday. If the brothers are resentenced, they could become eligible for a parole hearing this year.
If Jesic denies the petition, the brothers have alternative avenues for release: filing a motion for a new trial based on additional evidence of sexual abuse and submitting a clemency petition to Governor Newsom.
