Update: A California judge ruled Tuesday afternoon that Erik and Lyle Menendez can be resentenced, allowing the brothers to receive a lesser penalty and the possibility of parole.
Los Angeles Superior Court Judge Michael Jesic said they would be resentenced to 50 years to life, which would make them immediately eligible for parole, NBC News reports.
Original Story:
A legal hearing is underway to determine whether Erik and Lyle Menendez, who have been in prison for almost 30 years for the murder of their parents, should be given a chance to be released. A Los Angeles judge will decide whether to reconsider or reduce their prison sentence.
Even if the judge decides to reduce the Menendez brothers’ sentences, they would still not be released immediately. They would first need approval from the state’s parole board. If the parole board approves, the brothers could then be released based on the time they’ve already served.
Focus on rehabilitation and clemency
The main focus of the resentencing hearing is to decide whether Erik and Lyle Menendez have changed or been rehabilitated during their nearly 30 years in prison.
The brothers are pursuing both clemency and resentencing to gain their release. California Gov. Gavin Newsom requested a risk assessment for clemency purposes. Now, the judge must decide whether that same risk assessment can be used in the resentencing case.
According to the risk assessment conducted by the California Board of Parole, Erik and Lyle Menendez are considered to present a “moderate risk” of harming or negatively impacting the community if they are released from prison.
If the judge believes they have been rehabilitated, the court may reduce their sentences to 50 years to life. That would make them eligible for parole, meaning they could apply to be released from prison before serving the full sentence.
Youthful offender law may apply
They may qualify for this because of California’s youthful offender law. It allows certain people who committed serious crimes before turning 26 to be considered for parole earlier, based on the idea that younger people are more likely to change.
In 1996, Erik and Lyle Menendez were sentenced to life in prison without the possibility of parole. That means they were not supposed to ever be released. They were convicted of murdering their parents, Jose and Kitty Menendez, in 1989 at the family’s Beverly Hills home. At the time of the murders, Erik was 18 and Lyle was 21.
Debate over motive and justice
The brothers’ defense lawyers claimed the killings were done in self-defense. They say the brothers had suffered years of sexual abuse by their father. The prosecutors argued that the brothers killed their parents in order to inherit millions of dollars.
Current Los Angeles District Attorney Nathan Hochman is against the idea of resentencing the Menendez brothers.
“We have said with respect to resentencing — our position is not ‘no’ or it’s not ‘never,’ it’s ‘not yet,’” Hochman said outside the courtroom. “And the reason we said that is that the Menendez brothers have failed to come clean with the full extent of their criminal conduct, their coverup, their lies and their deceit over the past 30 years.”
Defense rescinds recusal motion
The brothers’ defense lawyer, Mark Geragos, had filed a motion to have DA Hochman recused from the case. That motion was later rescinded.
