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The saga of Lyle and Erik Menendez is set to enter a new chapter Friday as the Los Angeles County District Attorney’s Office is expected to ask a judge to allow the withdrawl of the resentencing recommendation for the brothers, now serving life-without-parole sentences for murdering their parents.
The hearing is the latest in a series of events, both in and out of court, that could lead to the brothers’ release, after they served more than three decades in prison for the 1989 shotgun murders of their parents in the family’s Beverly Hills mansion.
What to expect from Friday’s hearing
The petition hearing is scheduled for 10 a.m. on Friday at the Van Nuys Courthouse before Judge Michael Jesic.
District Attorney Nathan Hochman’s office has argued that the brothers are undeserving of resentencing because they have not fully recognized, acknowledged, or accepted complete responsibility of their criminal conduct.
“That has not been done by the Menendez brothers to date,” the DA’s office wrote in a motion filed April 4.
Prosecutors are also expected to argue the initial resentencing recommendation request filed by his predecessor George Gascón lacks merit because it was based on, what Hochman believes, was an incomplete review of the case.
Gascón announced the recommendation for resentencing in October, 2024, a month before he was defeated by Hochman in the November election.
Will the Menendez brothers show up to Friday’s hearing?
It is unlikely for them to travel from the San Diego prison to attend the petition hearing or attend via video link, as the primary focus of the hearing is to address whether or not the DA’s office is entitled to withdraw the resentencing motion.
Can members of the public attend?
Yes, but there will be a public lottery to allocate seats.
Photography, live streaming, filming or recording will not be allowed during the hearing.
More hearings in April
The resentencing or modification hearing is tentatively scheduled for April 17 and 18 where the judge is expected to hear argument 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.
Despite Hochman’s opposition, it will be up to the judge to decide whether to allow the DA to withdraw the resentencing motion, and if 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’s 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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