Judge rules Menendez brothers can continue bid for resentencing
The brothers were sentenced to life in prison without the possibility of parole at ages 18 and 21 after being convicted of murdering their parents.
Erik and Lyle Menendez’s resentencing hearings can continue despite opposition from the Los Angeles County district attorney, a judge ruled on Friday.
They were sentenced to life in prison without the possibility of parole at ages 18 and 21 after being convicted of murdering their parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989.
Former Los Angeles district attorney George Gascon asked a judge last year to change the brothers’ sentence from life without the possibility of parole to 50 years to life, which would make them immediately eligible for parole because they committed the crime when they were younger than 26.
But Mr Gascon’s successor Nathan Hochman reversed course, submitting a motion last month to withdraw the resentencing request.
Mr Hochman’s office said they could not support the brothers’ resentencing because they had not admitted to lies told during their trial about why they killed their parents and did not “fully recognise, acknowledge, and accept complete responsibility” for their crime.
Los Angeles County Superior Court Judge Michael Jesic said prosecutors can make that argument during the resentencing hearing.
“Everything you argued today is absolutely fair game for the resentencing hearing next Thursday,” he said.
The brothers appeared in court over Zoom but made no public statements.
While the defence argued they acted out of self-defence after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
Deputy district attorney Habib Balian said on Friday that the key issue with Mr Gascon’s resentencing petition was that it did not fully address rehabilitation and missed key elements of the original crime committed.
“What does it mean? To learn from your mistakes and truly understand that you were wrong,” Mr Balian said.
He presented evidence and video clips of the brothers’ testimony from the first trial to demonstrate instances where they “hunkered down in their bunker of deceit, lies, and deception”.
He said the brothers killed their parents out of greed when they learned they would be taken out of the will, citing a psychiatrist’s notes that he said showed “this was not self-defence”.
The brothers’ lawyer Mark Geragos called the presentation a “dog and pony show” and said it was “nothing more than political cover” as a result of Mr Hochman defeating Mr Gascon in the district attorney’s race.
“They have authorised the denial of sexual abuse,” Mr Geragos said of the prosecution’s presentation.
Mr Geragos argued the judge had full authority to proceed with resentencing under a California law passed in 2023 that allows a court to recall a sentence and initiate resentencing at any point in time.
Mr Geragos also objected to Mr Balian including a photo of the deceased and bloody Menendez parents in his presentation, which he said “retraumatised” family members and victims. The brothers’ cousin Anamaria Baralt, and aunt Terry Baralt were among the family members who were in the courtroom.
Most of the brothers’ extended family supports their resentencing.
Their cousin Tamara Goodall submitted a complaint with the state asking that Mr Hochman be removed from the case, citing his bias against the brothers and alleging he violated a law meant to protect victims’ rights.
Mr Hochman had a “hostile, dismissive and patronising tone” in meetings with the family and created an “intimidating and bullying atmosphere,” she wrote.
In their response to the district attorney’s motion to withdraw the resentencing request, lawyers for the Menendez brothers questioned whether Mr Hochman had legitimate reasons for doing so or was influenced by “a change of political winds”.
Lawyers pointed out Mr Hochman demoted Nancy Theberge and Brock Lunsford, the two deputy district attorneys who filed the original resentencing motion.
They have since filed lawsuits against Mr Hochman alleging harassment, discrimination and retaliation for their work on the Menendez brothers case.
Without resentencing, the brothers would still have two other pathways to freedom.
They have submitted a clemency plea to California Governor Gavin Newsom, who has ordered the state parole board to investigate whether the brothers would pose a risk to the public if they are released.
The parole board is scheduled to hold its final hearings on June 13.
The brothers also submitted a petition for habeas corpus in May 2023, asking the court to grant them a new trial in light of new evidence presented.
Mr Hochman’s office also filed a motion opposing the petition.
