Erik and Lyle Menendez returned to court on Tuesday for a long-awaited hearing in which a Los Angeles judge will decide whether the brothers should get a chance at freedom after serving nearly three decades in prison for the double murder of their parents in 1989.
The resentencing hearing, which is moving ahead after months of delays, is expected to last two days. If Judge Michael Jesic shortens the brothers’ sentences, they would still need approval from the state’s parole board to be released.
Erik, 54, and Lyle, 57, were convicted in 1996 of first-degree murder in the shotgun killings of Jose Menendez, an entertainment executive, and Kitty Menendez. They received a sentence of life in prison without the possibility of parole.
Defense attorneys say the brothers, who were 18 and 21 at the time of the 1989 murders, killed their parents in self-defense after years of sexual abuse by their father, but prosecutors believe the brothers wanted their multimillion-dollar inheritance and that they were not abused.
The brothers have long argued their innocence and have recently sought freedom through multiple legal avenues, including asking for a new trial in light of new evidence of their father’s abuse, a petition for clemency from the governor, and a request for resentencing. Their resentencing hearings have been delayed repeatedly since January amid the LA wildfires and disputes between the defense and prosecution.
This week’s resentencing hearing will center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. Under that sentence, they would be eligible for parole under California’s youthful offender law, because they committed the crime under the age of 26.
In April, Mark Geragos, the brothers’ high-profile defense attorney, said he planned to ask Jesic, the Los Angeles county judge, to reduce their charges to manslaughter, which could allow them to be released from prison immediately.
As in previous proceedings, the brothers appeared virtually at Tuesday’s hearing. It was unclear if they will testify. Supporters of the brothers who have flown in from across the country are expected to be in attendance.
Geragos said he planned to call at least seven family members to testify at the hearings – the extended Menendez family, with the exception of an uncle who recently died, have said they forgive the brothers and want them to be freed. Among them is Anamaria Baralt, a cousin of Erik and Lyle, who said on Tuesday that she had appeared on their behalf in court as many as 15 times over the years. “They are universally forgiven by the family,” she said.
Los Angeles county prosecutors are opposed to resentencing, and will argue against doing so. They say the brothers have not taken complete responsibility for the crime. Prosecutors will likely reference the preliminary findings from a forensic psychologist who looked at whether the brothers pose a risk to society if released, an assessment ordered by the state parole board.
George Gascón, the progressive former Los Angeles county district attorney, had recommended the brothers be resentenced, which would have opened the door to their release. He said he believed the brothers were “subjected to a tremendous amount” of dysfunction and molestation, and said his office would have handled the case differently due to modern understandings of sexual abuse. He also pointed to the brother’s rehabilitation during their decades behind bars. In prison, Erik and Lyle have earned college degrees and served as mentors and caregivers.
The current district attorney, Nathan Hochman, who succeeded Gascón, quickly reversed course and said he was opposed to the brothers’ resentencing. He argued the brothers have not taken full responsibility and his office has said it does not believe they were abused.
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Prosecutors also say the brothers have not admitted to lying during their trial.
They cited the forensic psychologist’s analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behavior. It came to the conclusion that they were “moderately more likely” than others to engage in violence in the community, Hochman said.
With Hochman in position as DA, prosecutors attempted twice to withdraw their office’s resentencing petition. Jesic ruled both times that the resentencing hearings could continue despite their opposition.
Outside the courthouse on Tuesday morning, Hochman said he believes the brothers “have not come clean” about the crimes and are not ready to be resentenced.
“Our position is not ‘no’; it’s not ‘never’. It’s ‘not yet’,” Hochman said. “They have not fully accepted responsibility for all their criminal conduct.”
The judge could decide on the resentencing from the bench during the hearing or issue a written ruling later.
