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As Lyle and Erik Menendez’s attorney put it, Friday was a good day for the brothers who have been behind bars for the shotgun murders of their parents in 1989.
An LA Superior Court judge denied the prosecution’s request to withdraw the resentencing recommendation for Lyle and Erik Menendez, allowing the brothers to move forward with their effort to be resentenced and possibly released from prison.
District Attorney Nathan Hochman had asked for the withdrawal of the resentencing recommendation, which had been filed by Hochman’s predecessor George Gascón. Gascón had announced the recommendation for resentencing in October 2024, a month before he was defeated by Hochman in the November election.
What to expect from April 17 and 18 hearing
The resentencing or modification hearing is tentatively scheduled for April 17 and 18, where the judge is expected to hear arguments on the brothers’ suitability for resentencing, based on the California law that allows courts to reduce penalties based on a variety of factors, including a prisoner’s age and their conduct while incarcerated.
It will be up to the judge to decide whether to allow the DA to withdraw the resentencing motion.
And even after the court denies the DA’s request to withdraw, the judge will decide whether or not the brothers should be resentenced, and, possibly, the terms of a reduced sentence, which could entitle them to an immediate parole hearing.
More high-stakes reviews by the Parole Board
Simultaneous with, but separate from, the resentencing proceedings, Gov. Gavin Newsom directed the state’s parole board to evaluate whether Erik and Lyle Menendez pose danger to society, part of an independent risk assessment that will be completed by June 13.
The assessment is done by a group of corrections experts and psychologists to determine whether the brothers are suitable for release on parole.
The report will be shared with Judge Jesic in case the court proceeds with resentencing and the brothers become eligible for parole.
Newsom has said his office will also conduct its own analysis to determine whether the Menendez brothers deserve clemency, in which the governor may order a reduction in the severity of punishment.
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