A judge has ruled that Erik and Lyle Menendez’s highly anticipated resentencing hearing will proceed on May 13 and 14, with new revelations about their alleged behavior in prison coming to light in court. The hearing took place on Friday to decide whether the brothers’ resentencing case should include information from a risk assessment conducted by the California Board of Parole as part of a separate clemency process initiated by Governor Gavin Newsom. Judge Michael Jesic stated that he will consider some of the risk assessment findings, although the information is preliminary and the forensic psychologists who conducted the evaluations cannot be questioned. The assessment suggested that the Menendez brothers present a moderate risk to the community if released and disclosed that they were found with illegal cellphones in prison, along with other infractions. Erik Menendez was reported to have had a phone as recently as January of this year, a point emphasized by Los Angeles County District Attorney Nathan Hochman as it coincided with the resentencing phase when good behavior is crucial. The assessment also detailed allegations of drug activity and tax fraud involvement by Erik Menendez, while describing Lyle Menendez as narcissistic. Despite the assessment’s findings, Jesic appeared to dismiss many of them. It is noted that the assessment likely highlights the positive contributions the brothers have made within the prison system, such as furthering their education and assisting other inmates. Defense attorney Mark Geragos withdrew his attempt to have Hochman removed from the case after previously challenging his background and accusing the DA of using a crisis public relations firm against the brothers. Hochman clarified that the PR firm was not targeting the brothers, but was hired for his campaign and ceased operations after his election. The recent court appearance on April 17, which was originally scheduled as the resentencing hearing, was postponed to allow time for the district attorney’s office to obtain a copy of the risk assessment report. The prosecution argues that the risk assessment is pertinent to the resentencing case, while the defense prefers it to be considered only for the upcoming parole hearing on June 13. Geragos stated that he will present seven witnesses at the upcoming resentencing hearing.
Twenty witnesses are expected to testify, including two experts. The Menendez brothers, currently serving life in prison without parole for the 1989 murders of their parents, have garnered support from over 20 family members in their bid for release after 35 years. The case gained traction when Gascón backed resentencing, proposing a new sentence of 50 years to life, replacing their current life without parole sentences. Despite a motion to withdraw the resentencing petition by Hochman, the judge denied the request. The upcoming resentencing hearing for the Menendez brothers, set for next week, will also consider a risk assessment indicating a moderate risk if they were to be released.
