(LOS ANGELES) — Erik and Lyle Menendez’s long-awaited resentencing hearing will move forward on Thursday despite a new filing from Los Angeles County District Attorney Nathan Hochman, who wants to keep the brothers behind bars.
In a filing late Wednesday, prosecutors urged the court to obtain a copy of a recently completed risk assessment conducted on the brothers by the California Board of Parole Hearings at the request of Gov. Gavin Newsom. The filing by the district attorney’s office urged the judge to delay the sentencing if the court couldn’t get a copy of the report in time for the hearing.
Outside the courthouse Thursday morning, Hochman said he wants all of the facts to come out, but added that his team is proceeding with the hearing.
The Menendez brothers’ attorney, Mark Geragos, called the last-minute attempt to delay the resentencing hearing a “Hail Mary” by Hochman.
The brothers — who are serving life in prison without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez — are fighting to be released after 35 years behind bars.
At the resentencing hearing — which begins Thursday and is likely to last through late Friday — 10 family members are ready to take the stand, ABC News has learned. A prison expert and former inmate may also testify.
This comes one week after Lyle and Erik Menendez had a major win in court when the judge ruled in their favor at a hearing regarding Hochman’s motion to withdraw the resentencing petition submitted by the previous DA, George Gascón, who supported resentencing and the brothers’ release.
In the DA’s three-hour argument Friday, he argued the brothers — who were listening to the hearing via video — haven’t taken responsibility for their actions and he called their claims of self-defense part of a litany of “lies.” Hochman also dismissed the brothers’ claim that they were sexually abused by their father.
This comes one week after Lyle and Erik Menendez had a major win in court when the judge ruled in their favor at a hearing regarding Hochman’s motion to withdraw the resentencing petition submitted by the previous DA, George Gascón, who supported resentencing and the brothers’ release.
In the DA’s three-hour argument Friday, he argued the brothers — who were listening to the hearing via video — haven’t taken responsibility for their actions and he called their claims of self-defense part of a litany of “lies.” Hochman also dismissed the brothers’ claim that they were sexually abused by their father.
Geragos called the decision “probably the biggest day since they’ve been in custody.”
“They’ve waited a long time to get some justice,” he said.
Hochman said in a statement after the ruling, “We concluded that the case was not ripe for resentencing based on the Menendez brothers’ continuing failure to exhibit full insight and accept complete responsibility for the entire gamut of their criminal actions and cover-up, including the fabrications of their self-defense defense and their lies concerning their father being a violent rapist, their mother being a poisoner, and their trying to obtain a handgun for self-defense the day before the murder.”
“Until the Menendez brothers finally come clean with all their lies of self-defense and suborning and attempting to suborn perjury, they are not rehabilitated and pose an unreasonable risk of danger to public safety,” he said.
This potential path to freedom gained momentum in October, when Hochman’s predecessor, Gascón, announced he was in support of resentencing.
Gascón recommended their sentences of life without the possibility of parole be removed, and said they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.
Gascón’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón — who lost his reelection bid to Hochman in November — praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
Over 20 Menendez relatives are in support of the brothers’ release. Several of those relatives spoke with ABC News last week, including cousin Diane VanderMolen, who said Erik Menendez asked her to relay a message.
“They are truly, deeply sorry for what they did. And they are profoundly remorseful,” VanderMolen said. “They are filled with remorse over what they did. And through that, they have become pretty remarkable people.”
Besides resentencing, the brothers have two other possible 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 “comprehensive risk assessment” investigation into whether Lyle and Erik Menendez pose “an unreasonable risk to the public” if they’re granted clemency and released.
After the risk assessment, which Hochman said in the filing is now complete, Newsom said the brothers will appear at independent parole board hearings in June.
The other path is the brothers’ habeas corpus petition, which they filed in 2023 for a review of two new pieces of evidence not presented at trial: a letter Erik Menendez wrote to his cousin eight months before 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 announced he was asking the court to deny the habeas corpus petition, arguing the brothers’ new evidence wasn’t credible or admissible.
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