Menendez Resentencing Hearing That May Free Brothers Begins After Long Battle With the L.A. D.A.

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The much-postponed two-day resentencing trial for the Menendez brothers, Erik and Lyle, begins on Tuesday in Los Angeles. This comes after a surprising change of heart from their legal team last week, who withdrew their petition for the recusal of the local district attorney, who was previously accused of having a potential conflict of interest and bias towards prisoners serving time for over three decades for the 1989 murder of their parents.

The Menendez brothers plan to participate in their hearing via satellite video instead of appearing in person, as they aim to have their life sentences without parole reduced. This could make them eligible for parole under California’s youthful offender law since they were 21 and 18 at the time of the crimes. They are currently serving life prison terms with no possibility of parole for the murder of their parents, José and Mary Louise “Kitty” Menendez, committed on Aug. 20, 1989. Although their allegations of years of abuse and threats from their parents were not acknowledged during their second joint trial, a letter written by Erik to his deceased cousin has surfaced recently that appears to support these claims. Additionally, a former member of the Puerto Rican boy band Menudo spoke out about being abused by the Menendez father, who had secured a $30 million deal for the group. This, combined with changing perspectives on abuse and the importance of giving voice to those making such claims, has led to a significant shift in how the Menendez case is perceived.

Mark Geragos, well-known for his defense work and recently involved in a twist with District Attorney Nathan Hochman’s recusal withdrawal on Friday, will present fresh evidence during the proceedings. This evidence includes accusations of abuse from a former Menudo member directed at the Menendez father, which is intended to bolster arguments that the brothers were acting in self-defense when they felt their lives were in danger due to threats from their parents.

In the upcoming court hearing over the next two days, the defense for the Menendez brothers intends to summon seven witnesses. These individuals will likely be family members, prison staff, and former prisoners. Anerae Brown, better known by his stage name X-Raided, is scheduled to testify on behalf of the brothers. He has publicly supported Lyle and Erik during their legal struggles, as they helped him with his education and spiritual growth while he was in prison; it’s expected that Brown will demonstrate to the judge how the Menendez brothers have positively influenced other inmates by improving their lives during their incarceration.

In the last few decades, the brothers have been exemplary prisoners, establishing numerous reformatory programs within the prison system; Erik has personally initiated at least five of these programs, including one specifically for elderly and handicapped inmates. Additionally, Lyle established a landscaping program that managed to raise over a quarter of a million dollars to introduce greenery within a California penitentiary.

Robert Rand, a seasoned journalist who has dedicated many years to this case and authored the comprehensive book titled “The Menendez Murders“, shared with The Hollywood Reporter that he had a recent conversation with Erik and Lyle. They expressed a guarded optimism as they prepare for the upcoming hearing, even though they received some disappointing news in the past week.

In Judge Michael Jesic’s consideration for the resentencing appeal, another important factor is the risk assessment findings presented by the state’s parole board. These findings reportedly increased the brothers’ risk level from “low” to “moderate,” and included a violation concerning a cellphone, as stated in the Los Angeles Times. The report has not been disclosed to the public. Hochman, who contends that the brothers’ justification for their actions is “fabricated” and driven by greed rather than abuse, brought up the cellphone issue during his opposition to the prospect of them being resentenced in this hearing. The District Attorney referenced “clinical psychologists who concur with the report,” suggesting that the brothers would behave more responsibly if they were aware that their resentencing motion was under reconsideration by a judge.

In November of 2024, both Eric and Lyle were found with a mobile phone, and Hochman tried to exaggerate this as a significant offense,” Rand explained to THR during his drive to the hearing in Van Nuys on Tuesday. “The key point is that it’s just a cell phone. It doesn’t pose a threat. Hochman was attempting to portray this as a major crime.

On Friday, Geragos contested the matter regarding the phone aspect, countering Hochman’s claims that it was a significant point in the report.

As reported by KTLA, Geragos stated that the judge’s standard should be whether someone is likely to perform a “major offense” or not. He pointed out that possessing cellphones in prison is not considered such a major infraction.

As a gamer, I haven’t had a chance to go through the report myself, but from what I’ve gathered, it seems like this person has only a handful of minor infractions on their prison record over decades of productive and supportive work with fellow inmates. Family members have shared with me that an impressive 95% of the CRA report is actually quite positive for these brothers.

In considering the report, Judge Jesic may decide on a reduced sentence of 50 years to life with parole eligibility or something less severe on Wednesday. If this occurs, the brothers might become immediately eligible for parole. Nevertheless, they would still have to prove to a state parole board that they no longer pose a threat to society.

On June 13, the brothers are scheduled for an appearance before the parole board in a hearing concerning their potential clemency from California Governor Gavin Newsom. The parole board will evaluate the brothers’ potential danger to public safety should they be released after the hearing and then submit its recommendation to Governor Newsom.

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2025-05-13 20:55