Judge rules resentencing hearings for Menendez brothers can proceed

Apr 12

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Lauren Keenan Anchor/Reporter

By Lauren Keenan (Anchor/Reporter), Joey Nunez (Video Editor)

A judge ruled Friday that resentencing hearings for Erik and Lyle Menendez can move forward. Convicted in 1996 for murdering their parents, the brothers submitted new evidence last year alleging long-term abuse.
Former L.A. District Attorney George Gascón supported resentencing. However, current DA Nathan Hochman attempted to withdraw the request, citing the brothers’ lack of accountability –– a motion that Judge Michael Jesic denied.
Hearings are set for April 17 and 18, with clemency also under review by the state parole board.

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Resentencing hearings for Erik and Lyle Menendez can move forward, a judge ruled Friday, April 11.

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The Menendez brothers are currently serving life in prison for the 1989 murder of their parents inside their Beverly Hills home. After two trials, the brothers were convicted in 1996 and sentenced to life in prison.

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New evidence raises abuse allegations

In the fall of last year, 35 years after the killings, the brothers submitted new evidence they argued could prove their father sexually, physically and emotionally abused them.

The brothers said they killed their parents in self-defense, claiming they believed their parents were going to kill them the night they carried out the brutal murders.

Controversy over resentencing request

Weeks after that, new evidence was submitted, and shortly before the November election, then-Los Angeles District Attorney George Gascón requested the resentencing. However, he lost reelection to current District Attorney Nathan Hochman.

Last month, Hochman announced he was filing a motion to withdraw Gascón’s resentencing request for the brothers. Hochman cited reasons for withdrawing the request, arguing the brothers were lying about why they killed their parents.

“In looking at whether the Menendez brothers have exhibited full insight and complete responsibility for their crimes, they have not. They don’t meet the standards for resentencing. They don’t meet the standards for rehabilitation,” Hochman said, adding that the brothers needed to come clean and take full responsibility for their criminal actions.

Judge rejects motion to withdraw request

Judge Michael Jesic handed the brothers a win on Friday and ruled against Hochman, allowing their resentencing hearings to proceed.

The brothers’ lawyer, Mark Geragos, reacted to the judge’s decision outside the courtroom Friday afternoon.

“I don’t want to get ahead of myself, but today is a good day. Justice — justice won over politics. It’s been a long time coming. For anybody who was in the courtroom, it was very difficult to sit and listen to what we witnessed, and we are obviously very thankful to the judge.”

Geragos added, “I couldn’t be prouder of representing this family. They’ve waited a long time to get some justice. And today was actually probably the biggest day since they’ve been in custody.”

What’s next in the case

Hochman also reacted to the judge’s decision, saying the brothers will have to prove they can meet the standard of rehabilitation and don’t pose an unreasonable danger to society.

Their hearings are scheduled for Thursday, April 17, and Friday, April 18.

If the brothers are not resentenced, they do have another avenue to freedom—they’ve asked California Gov. Gavin Newsom to grant them clemency. The state parole board is reviewing their case, with hearings scheduled for June.

Tags: Los Angeles, Murder, trial

RESENTENCING HEARINGS FOR ERIK AND LYLE MENENDEZ CAN MOVE FORWARD, A JUDGE RULED FRIDAY.

THE MENENDEZ BROTHERS ARE CURRENTLY SERVING LIFE IN PRISON FOR THE 1989 MURDER OF THEIR PARENTS INSIDE THEIR AFFLUENT BEVERLY HILLS HOME. AFTER TWO TRIALS, THE BROTHERS WERE CONVICTED IN 1996 AND SENTENCED TO LIFE IN PRISON.

IN THE FALL OF LAST YEAR, 35 YEARS AFTER THE KILLINGS, THE BROTHERS SUBMITTED NEW EVIDENCE THEY ARGUE COULD PROVE THEIR FATHER SEXUALLY, PHYSICALLY AND EMOTIONALLY ABUSED THEM.

THE BROTHERS ARGUED THEY KILLED THEIR PARENTS IN SELF-DEFENSE CLAIMING THEY BELIEVED THEIR PARENTS WERE GOING TO KILL THEM THE NIGHT THEY CARRIED OUT THE BRUTAL MURDERS.

WEEKS AFTER THAT NEW EVIDENCE WAS SUBMITTED, LOS ANGELES DISTRICT ATTORNEY GEORGE GASCON – WHO WAS IN OFFICE AT THE TIME — REQUESTED THE RESENTENCING, JUST BEFORE NOVEMBER’S ELECTION.

HOWEVER HE WAS BEAT OUT OF HIS POSITION BY CURRENT D-A, NATHAN HOCHMAN.

LAST MONTH, HOCHMAN ANNOUNCED HE WAS FILING A MOTION TO WITHDRAW GASCON’S RESENTENCING REQUEST FOR THE BROTHERS.

HOCHMAN CITED REASONS FOR WITHDRAWING THE REQUEST ARGUING THE BROTHERS TO THIS DAY ARE LYING ABOUT WHY THEY CHOSE TO KILL THEIR PARENTS.

“IN LOOKING AT WHETHER THE MENENDEZ BROTHERS HAVE EXHIBITED FULL INSIGHT AND COMPLETE RESPONSIBILITY FOR THEIR CRIMES, THEY HAVE NOT. THEY DON’T MEET THE STANDARDS FOR RESENTENCING. THEY DON’T MEET THE STANDARDS FOR REHABILITATION,” HOCHMAN SAID ADDING, THE BROTHERS NEEDED TO COME CLEAN AND TAKE FULL RESPONSIBILITY FOR THEIR CRIMINAL ACTIONS.

JUDGE MICHAEL JESIC HANDED THE BROTHERS A WIN ON FRIDAY AND RULED AGAINST HOCHMAN ALLOWING THEIR RESENTENCING HEARINGS TO PROCEED.

THE BROTHERS’ LAWYER, MARK GERAGOS, REACTED TO THE JUDGE’S DECISION OUTSIDE THE COURTROOM FRIDAY AFTERNOON.

“I DON’T WANT TO GET AHEAD OF MYSELF, BUT TODAY IS A GOOD DAY. JUSTICE – JUSTICE WON OVER POLITICS. IT’S BEEN A LONG TIME COMING. FOR ANYBODY WHO WAS IN THE COURTROOM, IT WAS VERY DIFFICULT TO SIT AND LISTEN TO WHAT WE WITNESSED, AND WE ARE OBVIOUSLY VERY THANKFUL TO THE JUDGE,” GERAGOS SAID. “I COULDN’T BE PROUDER OF REPRESENTING THIS FAMILY. THEY’VE WAITED A LONG TIME TO GET SOME JUSTICE. AND TODAY WAS ACTUALLY PROBABLY THE BIGGEST DAY SINCE THEY’VE BEEN IN CUSTODY.”

HOCHMAN ALSO REACTED TO THE JUDGE’S DECISION SAYING THE BROTHERS WILL HAVE TO PROVE THEY CAN MEET THE STANDARD OF REHABILITATION AND ALSO SHOW THEY DON’T POSE A UNREASONABLE DANGER TO SOCIETY.

THEIR HEARINGS ARE SCHEDULED FOR THURSDAY APRIL 17TH AND FRIDAY APRIL 18TH.

IF THE BROTHERS ARE NOT RESENTENCED, THEY DO HAVE ANOTHER AVENUES TO FREEDOM. THEY’VE ASKED CALIFORNIA GOVERNOR GAVIN NEWSOM TO GRANT THEM CLEMENCY. THEIR CASE IS BEING REVIEWED BY THE STATE PAROLE BOARD, WITH HEARINGS SCHEDULED IN JUNE.

FOR SAN, I’M LK.