The bid for freedom by Erik and Lyle Menendez has hit another roadblock, as disputes between prosecutors and the brothers’ legal team continue to stall their efforts for shorter sentences. On Thursday, Los Angeles Superior Court Judge Michael Jesic announced that discussions regarding the admissibility of comprehensive risk assessments ordered by California Governor Gavin Newsom will take place during a new hearing set for May 9.
The Menendez brothers were sentenced to life in prison without the possibility of parole in 1996 for the brutal murder of their parents, entertainment executive Jose Menendez and Kitty Menendez, in their Beverly Hills home back in 1989. At the time of the killings, Erik was just 18 years old, and Lyle was 21. The defense has consistently argued that the brothers acted in self-defense after enduring years of sexual abuse from their father, while prosecutors have maintained that the motive behind the murders was a desire to inherit a multimillion-dollar fortune.
The upcoming resentencing hearing will primarily assess whether Erik and Lyle Menendez have demonstrated rehabilitation during their time in prison and if they deserve a lesser sentence that could allow for potential release. Former Los Angeles County District Attorney George Gascón previously requested that their sentences be reduced to 50 years with the possibility of parole. Conversely, their defense attorney, Mark Geragos, indicated that he would seek to have the charges reduced to manslaughter, which could lead to their immediate release.
During the hearing, neither the judge nor the attorneys representing the Menendez brothers had access to the governor’s report that had provoked intense discussions within a crowded courtroom. Judge Jesic expressed frustration, stating, “I need clarification from the governor’s office. This is stupid.” The prosecution, having reviewed the report, argued for its relevance in the proceedings and filed a motion to postpone the hearing to allow all parties to consider the findings.
Deputy District Attorney Habib Balian emphasized the necessity of the report, suggesting that it could provide vital insights into the risk of violence related to the brothers. He stated, “If there is a report out there assessing the risk of violence, how do we not use it?”
Geragos did not hold back in his criticism of Nathan Hochman, the current district attorney, for discussing the report during a press conference. He expressed his intention to file a motion for Hochman’s removal from the case, noting that Hochman does not support the resentencing. According to the governor’s office, portions of the risk assessment were shared with both the defense and prosecution 60 days ahead of the June clemency hearing, in compliance with California law.
If the judge decides to shorten the sentences of Erik and Lyle Menendez, the brothers might still require approval from the state’s parole board before being released from prison. The brothers participated in the proceedings via video link from a correctional facility near San Diego, appearing in blue prison attire but showing no visible reaction to the legal arguments presented.
This case has captivated public attention for decades, further amplified by the Netflix dramatization titled Monsters: The Lyle and Erik Menendez Story and a subsequent documentary. Media outlets have been closely covering the developments, with reporters crowding outside the courthouse and vying for space inside.
Both Geragos and attorney Bryan Freedman, who represents surviving Menendez relatives, condemned the prosecution for displaying graphic crime scene photos without prior warning to family members present during a recent hearing. Freedman characterized the act as “disrespect” and “harassment,” while Balian acknowledged the oversight but insisted that the blame lies with the brothers for the violence they inflicted.
Geragos and Freedman also criticized the district attorney’s office for taking over the court’s victims’ services and for its lack of communication with surviving members of the Menendez family. Remarkably, the extended Menendez family has expressed their forgiveness toward Erik and Lyle, advocating for their release.
The attorneys for the Menendez brothers argue that their clients have made significant efforts to rehabilitate themselves while incarcerated, contributing positively to the prison community. However, prosecutors contest this claim, asserting that Erik and Lyle have not fully taken responsibility for their actions during the trial, including allegations of coercing friends to lie on their behalf. The ongoing legal battle continues to unfold, with the next hearing expected to bring further developments in this high-profile case.
