Judge rules Menendez brothers’ bid for freedom through resentencing can
continue
[April 12, 2025]
By JAIMIE DING
LOS ANGELES (AP) — Erik and Lyle Menendez’s resentencing hearings can
continue despite opposition from the Los Angeles County district
attorney, a judge ruled Friday.
They were sentenced to life in prison without the possibility of parole
at ages 18 and 21 after being convicted of murdering their parents, Jose
and Kitty Menendez, in their Beverly Hills home in 1989.
While 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.
The case has captured the public’s attention for decades, and the
Netflix drama “ Monsters: The Lyle and Erik Menendez Story ″ and the
documentary “The Menendez Brothers,” released in the fall of 2024, have
been credited for bringing new attention to the case. Supporters of the
brothers have flown in from across the country to attend rallies and
hearings in the past few months.
Former Los Angeles District Attorney George Gascón asked a judge last
year to change the brothers’ sentence from life without the possibility
of parole to 50 years to life. That would make them immediately eligible
for parole because they committed the crime when they were younger than
26.
But Gascón’s successor reversed course. Nathan Hochman submitted a
motion last month to withdraw the resentencing request.
Deputy District Attorney Habib Balian said during Friday's hearing they
could not support the brothers’ resentencing because the brothers had
not admitted to lies told during their trial about why they killed their
parents nor have they taken complete responsibility for their crime.
“They are the same people they were," Balian said. “They have not
changed.”
Los Angeles County Superior Court Judge Michael Jesic that argument is
“fair game” for prosecutors to make during the resentencing hearing.
The brothers appeared in court over Zoom but didn’t make any public
statements.
“They’ve waited a long time to get some justice," the brothers’
attorney, Mark Geragos, said of the family.
Balian said that the key issue with Gascón’s resentencing petition was
that it did not fully address rehabilitation and missed key elements of
the original crime committed.
“What does it (rehabilitation) mean? To learn from your mistakes and
truly understand that you were wrong,” Balian said.
Balian presented evidence and video clips of the brothers' testimony
from the first trial to demonstrate instances where they “hunkered down
in their bunker of deceit, lies, and deception.”
He said the brothers killed their parents out of greed when they learned
they would be taken out of the will, citing psychiatrist's notes that he
said showed “this was not self-defense.”
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People form a line outside the Van Nuys West Courthouse before a
hearing regarding the case of Erik and Lyle Menendez Friday, April
11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)
Geragos called the presentation a “dog and pony show” and said it
was “nothing more than political cover” as a result of Hochman
defeating Gascón in the district attorney’s race.
“They have authorized the denial of sexual abuse,” Geragos said of
the prosecution’s presentation.
Geragos argued the judge had full authority to proceed with
resentencing under a California law passed in 2023 that allows a
court to recall a sentence and initiate resentencing at any point in
time.
Geragos also objected to Balian including a photo of the deceased
and bloody Menendez parents in his presentation, which he said
“retraumatized” family members and victims.
The family's relationship with Hochman has soured since he took
office. Most of the brothers' extended family supports their
resentencing.
Tamara Goodall, a cousin of the brothers, submitted a complaint with
the state asking that Hochman be removed from the case. She wrote
that Hochman had a “hostile, dismissive and patronizing tone” in
meetings with the family and created an “intimidating and bullying
atmosphere."
Geragos pointed out that Hochman demoted Nancy Theberge and Brock
Lunsford, the two deputy district attorneys who filed the original
resentencing motion. Theberge and Lunsford have since filed lawsuits
against Hochman alleging harassment, discrimination and retaliation
for their work on the Menendez brothers case.
“We look forward to a full, fair presentation of who Eric and Lyle
are today, not just a version frozen in time in a time of pain and
fear, but the whole truth — the growth, the humanity and the men
they’ve become,” said Anamaria Baralt, a cousin of the brothers,
after the hearing concluded.
Without resentencing, the brothers would still have two other
pathways to freedom. They have submitted a clemency plea to
California Gov. Gavin Newsom, who has ordered the state parole board
to assess whether the brothers could pose a public risk if released.
The brothers also submitted a petition for habeas corpus in May 2023
asking the court to grant them a new trial in light of new evidence
presented. Hochman's office also filed a motion opposing the
petition.
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