Menendez brothers’ resentencing hearing being decided on today

A judge is group to determine Friday whether to proceed pinch resentencing hearings for Erik and Lyle Menendez, who were convicted of murdering their parents, successful ray of Los Angeles’s caller territory attorney opposing their release after 30 years down bars.

The brothers were sentenced to life successful situation without nan possibility of parole astatine ages 18 and 21 aft being convicted of murdering their parents, Jose and Kitty Menendez, successful their Beverly Hills location successful 1989.

While nan defense based on they acted retired of self-defense aft years of intersexual maltreatment by their father, prosecutors said nan brothers killed their parents for a multimillion-dollar inheritance.

Los Angeles County’s erstwhile progressive territory attorney, George Gascón, sought resentencing for nan brothers earlier he mislaid reelection to tough-on-crime candidate Nathan Hochman in November.

Gascón had asked a judge to alteration nan brothers’ condemnation to 50 years to life, which would make them instantly eligible for merchandise nether California rule because they committed nan crime erstwhile they were younger than 26.

But past month, Hochman submitted a motion to retreat that request, saying he did not support nan brothers’ resentencing because they had not admitted to lies they told arsenic nan lawsuit unfolded astir why they killed their parents and did not “fully recognize, acknowledge, and judge complete responsibility” for their crime.

On Friday, nan tribunal will determine whether to let prosecutors to retreat their resentencing motion.

If that petition is granted, nan judge besides will determine whether to proceed independently pinch nan brothers’ resentencing hearings, which are tentatively scheduled for April 17 and 18.

The territory attorney’s guidance poses a awesome hurdle for nan brothers, whose way to resentencing was each but definite pinch Gascón’s support.

The family’s narration pinch Hochman also has soured. Most of nan brothers’ extended family supports their resentencing.

Milton Andersen, Kitty Menendez’s relative and nan sole comparative who opposed their release, died past month.

Tamara Goodall, a relative of nan brothers, submitted a title to nan authorities asking that Hochman beryllium removed from nan case, citing his bias against nan brothers and alleging he violated a rule meant to protect victims’ rights.

Hochman had a “hostile, dismissive and patronizing tone” successful meetings pinch nan family and created an “intimidating and bullying atmosphere,” Goodall wrote.

In their consequence to nan territory attorney’s mobility to retreat nan resentencing request, attorneys for nan Menendez brothers questioned whether Hochman had morganatic reasons for doing truthful aliases was influenced by “a alteration of governmental winds.”

Read much connected nan Menendez brothers’ case

• Menendez brothers uncover hopes for life aft situation — and what they really thought of Netflix’s ‘Monsters’: ‘People were educated’
• Menendez brothers emotion ‘hope’ for first clip successful decades up of parole hearing: ‘A caller point for us’
• Gavin Newsom sets day for Menendez brothers’ last parole proceeding arsenic he weighs clemency
• Menendez brothers denied caller trial, nixing 1 way to freedom

The attorneys pointed retired that Hochman demoted Nancy Theberge and Brock Lunsford, nan 2 lawman territory attorneys who revenge nan original resentencing motion.

Theberge and Lunsford person since revenge lawsuits against Hochman alleging harassment, discrimination, and retaliation for their activity connected nan Menendez brothers’ case.

“The rule requires fairness, not individual vendettas,” Anamaria Baralt, a relative of nan brothers, said successful a statement. “Erik and Lyle person not only taken responsibility, they’ve go nan benignant of men this strategy is expected to thief create. If rehabilitation doesn’t matter here, erstwhile does it?”

Hochman’s agency denied immoderate governmental power connected their decision-making successful their reply and doubled down connected nan position that Erik and Lyle Menendez “fabricated their self-defense claim” successful nan murders of their parents and had not achieved afloat rehabilitation.

Without resentencing, the brothers would still person 2 different pathways to freedom.

They person submitted a clemency plea to California Gov. Gavin Newsom, who has ordered nan authorities parole committee to investigate whether nan brothers would airs a consequence to nan nationalist if they are released.

The parole committee is scheduled to clasp its last hearings connected June 13.

The brothers besides submitted a petition for habeas corpus successful May 2023 asking nan tribunal to assistance them a caller proceedings successful ray of caller grounds presented. Hochman’s agency besides revenge a motion opposing the petition.