The judge will decide on Friday whether or not to continue with the resentencing of Erik and Lyle Menendez. They were convicted of murdering their parents. Los Angeles’s new district attorney is opposed to their release after spending 30 years in prison.
The brothers were in court on Friday but had not made any public comments during the first two hours of proceedings.
After being convicted in 1989 of killing their parents, Jose and Kitty Menendez, in their Beverly Hills house, they were sentenced at the age of 18 and 21 to life without parole.
The defense claimed that the brothers killed their parents to receive a multi-million dollar inheritance. However, the prosecutors claim they did so out of revenge for years of sexual abuse from their father.
George Gascon was the progressive district attorney of Los Angeles County. He sought to re-sentence the brothers in November before losing his re-election bid to Nathan Hochman, a tough-on-crime candidate. Gascon asked a California judge to reduce the sentence of the brothers to 50 years up to life. This would have made them eligible for immediate release because they committed the crimes when they were younger.
Hochman, however, submitted a motion last month to withdraw this request. He said he didn’t support the brothers’ sentencing because they hadn’t admitted to lying about the reasons they killed their parents as the case developed and that they had failed to “fully acknowledge, accept and fully take responsibility” for their crimes.
The court will decide on Friday whether or not to allow the prosecutors to withdraw their motion for resentencing. If the request is granted, then the judge will also decide if the brothers’ resentencing proceedings, tentatively scheduled to take place on April 17 and 18, can proceed independently.
Habib Balian, deputy district attorney Habib Balian, said on Friday that Gascon’s petition for a resentencing was flawed because it failed to address rehabilitation in full and left out key elements of the crime that had been committed.
What does it mean?” Balian stated, “The meaning is to learn from mistakes and to truly understand you were wrong” .
Gascon’s backing was a sure thing for the brothers’ path to resentencing.
Hochman’s family relationship has also soured. The majority of the extended family members support their re-sentencement. Milton Andersen died last month, the only relative to oppose their release and Kitty Menendez’s brother.
The hearing on Friday was attended by several family members, including Anamaria Baralt, the cousin of the brothers, and Terry Baralt (the aunt of Jose Menendez).
Tamara Goodall is a cousin to the brothers. She filed a complaint at the state asking Hochman to be removed from the case. She cited his bias against them and alleged he had violated a victim’s rights law.
Goodall reported that Hochman used a “hostile tone, dismissive attitude and patronizing atmosphere” when he met with the family.
Attorneys for the Menendez Brothers questioned Hochman’s motives for withdrawing the request for a resentencing or if he was influenced by a “change of political winds” in their response to Hochman’s motion.
The attorneys pointed out to Hochman that he demoted Nancy Theberge and Brock Lunsford, who were the two deputy district attorneys who had filed the original motion for resentencing. Theberge, Lunsford, and others have filed lawsuits against Hochman for harassment, discrimination, and reprisal.
Anamaria Baralt said in a press release that “the law demands fairness and not personal vendettas.” “Erik and Lyle not only took responsibility, but they have become the type of men that this system was supposed to create.” “When does rehabilitation matter?”
Hochman’s Office denied that politics had any influence on their decisions in their response and reaffirmed their position that Erik Menendez and Lyle Menendez, who killed their parents in self-defense, “fabricated” their claim and hadn’t achieved full rehabilitation.
The brothers still have two options to reach freedom without resentencing. The brothers have made a clemency request to the California Governor. Gavin Newsom has instructed the state parole board they investigate whether or not the brothers will pose a public safety risk if released. The final parole board hearings are scheduled for June 13th.
In May 2023, the brothers filed a habeas corpus petition asking for a new trial based on new evidence. Hochman’s Office also filed a response to the petition.
