A judge will determine on Friday if resentencing proceedings should move forward for Erik and Lyle Menendez, who were found guilty of killing their parents. This decision comes as the newly appointed Los Angeles district attorney argues against releasing them following three decades in prison.
The two brothers received life imprisonment with no chance of parole when they were 18 and 21 years old following their conviction for killing their mother and father, Jose and Kitty Menendez, inside their Beverley Hills residence back in 1989. The defense contended that the young men had acted defensively due to prolonged sexual mistreatment by their dad; however, the prosecution maintained that the siblings committed this crime solely to obtain an enormous family fortune.
In Los Angeles County, former progressive District Attorney George Gascon pursued resentencing for the brothers prior to his defeat in the reelection against tough-on-crime candidate Nathan Hochman last November. Gascon requested from a judge an adjustment of the brothers’ sentence to 50 years to life, thereby making them instantly eligible for parole according to California legislation since they were below 26 at the time of their offense.
However, last month, Hochman filed a motion to retract his earlier plea, stating that he opposed the brothers’ resentencing since they hadn’t confessed to the falsehoods they propagated throughout the investigation regarding the reasons behind killing their parents. Additionally, they failed to "fully recognize, acknowledge, and accept full responsibility" for their actions.
On Friday, the court will determine if they should permit the prosecutors to retract their resentence motion. Should this plea be accepted, the judge might then choose to conduct the brothers’ separate resentencing hearings independently, currently planned for April 17th and 18th.
The district attorney's objection creates a significant obstacle for the brothers, as their route to resentencing seemed almost guaranteed with Gascón's backing.
The family’s dynamics with Hochman have deteriorated as well. Many members of the brothers’ larger family back their request for resentencing. Milton Andersen, Kitty Menendez's brother and the only relative against their release, passed away last month.
Tamara Goodall, a cousin of the brothers, submitted a complaint with the state asking that Hochman be removed from the case, citing his bias against the brothers and alleging he violated a law meant to protect victims' rights.
Goodall noted that Hochman exhibited a "hostile, dismissive, and condescending attitude" during interactions with the family, fostering an "intimidating and bullying environment."
In their reply to the district attorney’s move to retract the resentencing plea, lawyers for the Menendez brothers raised doubts about Hochman’s motivations, wondering if they were based on genuine grounds or swayed by “shifting political tides.”
The lawyers highlighted that Hochman downgraded Nancy Theberge and Brock Lunsford, the two deputy district attorneys who initially submitted the motion for resentencing. Following this, Theberge and Lunsford initiated legal actions against Hochman, claiming he had subjected them to harassment, discrimination, and retaliation due to their involvement in the Menendez brothers' case.
The law demands impartiality, rather than personal grudges," stated Anamaria Baralt, who is a cousin of the brothers. "Not only has Erik along with Lyle accepted their responsibilities, but they've also transformed into the type of individuals that our justice system aims to foster. So, if we do not value rehabilitation in such cases, then when should we consider it important?
Hochman’s office refuted any claims of political interference in their decisions when responding and reaffirmed their stance that Erik and Lyle Menendez fabricated their self-defense argument regarding the deaths of their parents and have yet to attain complete rehabilitation.
If not resentenced, the brothers still have two alternative routes to liberty. They've filed a clemency petition with Governor Gavin Newsom of California, who directed the state parole board to assess whether releasing them would be risky for the public. The parole board is set to conduct its concluding hearings on June 13th.
In May 2023, the brothers filed a writ of habeas corpus with the aim of getting the court to grant them a fresh trial due to newly introduced evidence. Hochman’s office countered this by submitting a motion against their petition.
READ MORE: Judge to Decide on Resentencing of Menendez Brothers Despite Prosecution's Objection
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