A judge ruled in favor of the Menendez brothers, allowing their resentencing hearing to move forward despite opposition from the Los Angeles District Attorney’s Office.
Erik and Lyle Menendez were sentenced to life in prison without the possibility of parole for the 1989 killings of their parents, Kitty and Jose Menendez. The brothers admitted to the killings but said they did it in self-defense, after enduring years of abuse from their parents. They spent more than 30 years in custody until former DA George Gascón filed a motion in favor of reducing the brothers’ sentences and granting them eligibility for parole.
District Attorney Nathan Hochman filed a request to withdraw his predecessor’s motion after his office reviewed tens of thousands of court documents, trial transcripts, prison records and other statements. Hochman claimed Gascón’s previous motion did not thoroughly consider whether the brothers had taken full responsibility for their crimes.
“These murders were calculated, premeditated, cold-blooded killings,” Hochman said in a statement following the hearing. “Our position remains clear: 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.”
The decision came after a roughly six-hour proceeding, during which the brothers appeared together virtually. After hearing the two sides, LA County Judge Michael Jesic denied Hochman’s request, allowing the proceedings to continue next Thursday, April 17.
“I don’t want to get ahead of myself, but today is a good day,” the brothers’ attorney Mark Geragos said. “Justice won over politics. It’s been a long time coming … We are obviously very thankful for this judge.”
The brothers have another hearing scheduled for Friday, April 18.
Following the decision, Hochman released a statement disputing Geragos’ assertion that his request was politically motivated.
“In denying our request to withdraw the prior DA’s resentencing motion, the Court rejected the Menendez brothers’ argument that our request was based just ‘on the political winds,’ acknowledging that this Office has pursued an impartial, non-political agenda in this case grounded in the facts and the law,” Hochman stated.
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Several of the brothers’ relatives attended the hearing and celebrated the judge’s decision outside of the courthouse.
“Today’s ruling affirms something that should have never been in question,” cousin Anamaria Baralt said. “The facts, fairness and the law still matter. The court made clear that this process is not about politics. It’s about truth. It’s about justice. And, it’s about giving people the chance to show who they are now, not just who they were in their worst moments.”
The resentencing hearing is one way they are hoping to gain freedom.
Aside from the resentencing route, the Menendez brothers also hope to secure freedom through clemency. Gov. Gavin Newsom has ordered a state parole board to perform a risk assessment to determine if they continue to pose a risk to public safety.
The clemency hearing is expected to take place after the board concludes its final meeting with the brothers on June 13.
