LOS ANGELES (AP) — Erik and Lyle Menendez‘s bid for shorter sentences and a shot at freedom has again been delayed due to disputes among prosecutors and their lawyers.
This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP)
Los Angeles Superior Court Judge Michael Jesic said Thursday afternoon that the discussions over the admissibility of the state parole board’s comprehensive risk assessments, which were ordered by California Gov. Gavin Newsom, will be considered during a new hearing May 9.
The brothers were sentenced in 1996 to life in prison without the possibility of parole for fatally shooting their entertainment executive father Jose Menendez and mother Kitty Menendez in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time of the killings. Defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father. Prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
Court TV Archives | CA v. Erik and Lyle Menendez (1993)
The resentencing hearing is set to center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. That would make them eligible for parole under California’s youthful offender law because they committed the crime when they were younger than 26.
Prosecutors filed a motion late Wednesday to delay the resentencing hearings so the court could obtain part of those assessments that they said had already been completed.
Arguing in the courtroom
On Thursday, neither the judge nor the brothers’ attorneys had seen the governor’s report that spurred heated arguments in the packed courtroom.
“I need clarification from the governor’s office,” Jesic said. “This is stupid.”
Prosecutors, who had seen the report, argued they should be able to use it, and filed to postpone the hearing so everyone could consider it.
Menendez attorney Mark Geragos angrily denounced District Attorney Nathan Hochman for discussing the report during a morning news conference and said he would file a motion to recuse the district attorney’s office.
Deputy District Attorney Habib Balian argued that the report, intended for a separate June 13 parole board hearing, was relevant and necessary.
“If there is a report out there assessing the risk of violence, how do we not use it?” Habib said.
No immediate ruling
Jesic said he was inclined to move forward because of all the relatives, witnesses and observers who had traveled here to attend the hearing.
But, he said, given the new issues, “there is no way I’m going to make a decision in the next two days to resentence.”
The governor’s office confirmed that part of the risk assessment was shared with the defense and prosecution for review 60 days before the June clemency hearing, per California law. They also notified the judge of the status of the report and offered to share it if requested, but said it was not a stand-alone risk assessment.
If the judge shortens their sentences, the brothers would still need approval from the state’s parole board to leave prison.
The brothers watched the proceedings via video from a correctional facility near San Diego, and could be seen in their blue prison garb on a screen in the courtroom. They showed no obvious reaction to the arguments.
The brothers’ hearing has been delayed several times. An initial hearing scheduled for January was postponed due to the LA fires and prosecutors’ attempt to withdraw their sentencing request.
The case has captured the public’s attention for decades, and the Netflix drama “ Monsters: The Lyle and Erik Menendez Story ” and a subsequent documentary brought new attention to the case. Reporters from dozens of media outlets crowded outside the courthouse and vied for space inside the courtroom.
