In a significant ruling, an L.A. County judge denied District Attorney Nathan Hochman’s request on Friday to revoke a petition aimed at resentencing the Menendez brothers. This decision, made by Superior Court Judge Michael Jesic, sets the stage for a hearing that may provide Erik and Lyle Menendez a potential path to freedom as early as next week.
The courtroom buzzed with tension during the daylong hearing, which featured graphic crime scene photos displaying the aftermath of the brutal killings of the brothers' parents, Jose and Kitty Menendez. The emotional atmosphere was further heightened by the presence of family members of the deceased, many of whom are advocating for the release of Erik and Lyle Menendez. The brothers were sentenced to life in prison without the possibility of parole for the 1989 shotgun murders of their wealthy parents.
In October, former District Attorney George Gascón filed a petition to have the Menendez brothers resentenced to 50 years to life in prison, which would make them eligible for parole as youthful offenders since the killings occurred when they were under 26. Following his election defeat to Hochman in November, Gascón's petition was targeted by the new DA, who pledged to revisit the high-profile case.
Hochman formally opposed the brothers' release last month, arguing that they had not demonstrated adequate “insight” into their crimes. However, Judge Jesic dismissed this argument, stating that it was irrelevant to the resentencing proceedings and that there was “nothing really new” in Hochman’s analysis. Defense attorney Mark Geragos celebrated the ruling, asserting that “justice won over politics.”
During the hearing, Deputy District Attorney Habib Balian criticized Gascón’s earlier handling of the case, claiming he had performed a superficial analysis of the brothers' past trials and their accountability for the murders. Hochman and Balian contend that the brothers have consistently lied about the circumstances surrounding the murders. Balian emphasized that Gascón's team had not even retrieved the relevant case files before making their decision.
The Menendez brothers have experienced a surge of support for their release, particularly following the airing of a popular Netflix documentary last year that raised new allegations of sexual abuse against their father, Jose Menendez. The brothers' legal team is seeking a new trial based on these recent allegations, which they argue are crucial to their self-defense claims.
As the hearing progressed, Balian presented gruesome images from the crime scene, provoking an angry response from Geragos, who accused the prosecution of staging a “dog-and-pony show” aimed at relitigating the original murder case. Geragos argued that the focus of the hearing should only be on whether Gascón’s motion should be revoked, not on the details of the murders themselves.
Following Hochman’s opposition filing, supporters of the Menendez brothers accused him of politicizing their case. Hochman’s administration has been marked by controversy, including the hiring of Kathy Cady, a former victims' rights attorney, who opposes the brothers' release, and the demotion of attorneys who advocated for the Menendez brothers under Gascón.
As the resentencing hearing approaches, it is poised to draw significant media attention. However, this is not the brothers' only avenue for freedom. They also have a pending application for clemency with Governor Gavin Newsom, who has ordered a risk assessment from the state parole board. Hochman has pledged to contest any potential release should clemency be granted.
The Menendez brothers' case continues to evoke strong opinions and complex legal battles. As the resentencing hearing is set to begin in Van Nuys on Thursday, all eyes will be on the courtroom to see how this high-profile case unfolds and what it means for the future of Erik and Lyle Menendez.
