Judge Advances Menendez Brothers’ Freedom Bid
A Los Angeles judge has ruled that the resentencing hearing for Erik and Lyle Menendez will proceed next week, rejecting prosecutors’ attempts to delay the process that could lead to the brothers’ freedom after over three decades behind bars.
The decision marks a significant development for the siblings who have spent 30 years in prison for the 1989 shotgun murders of their parents, Jose and Kitty Menendez, in their Beverly Hills home.
Legal Battle Intensifies Over Prison Conduct
Los Angeles County District Attorney Nathan Hochman revealed that a recent risk assessment report classified both brothers as a “moderate risk of violence,” citing prison rule violations according to Fox News. The violations reportedly include possession of cell phones and assisting with tax fraud while incarcerated.
“Deceit means that they no longer constitute at a low level of risk, but have risen to a moderate level of risks,” Hochman told reporters following Friday’s hearing. Defense attorneys argue these infractions were known to previous prosecutors and do not justify denying resentencing.
Family Stands Behind Resentencing Effort
The extended Menendez family, with the exception of a now-deceased uncle, has expressed forgiveness and support for their release. Defense attorney Mark Geragos plans to call seven family members to testify at next week’s hearings.
“The DA’s office may think that we blindly decided to forgive Erik and Lyle, but our journey to forgiveness was not linear,” the family said in a statement before the hearing, according to TMZ. “It’s a direct result of the men they have become.”
Multiple Paths to Freedom
The resentencing hearing represents one of three potential routes to freedom for the brothers, who were sentenced to life without parole in 1996. California Governor Gavin Newsom has ordered a parole board to evaluate whether the brothers pose “an unreasonable risk to the public” if released, with hearings scheduled for June 13.
The brothers have also filed a habeas corpus petition seeking a new trial based on evidence not presented at their original trials, including a letter Erik Menendez wrote to his cousin detailing alleged abuse and new testimony from a former boy band member who claims he was sexually assaulted by Jose Menendez, as reported by ABC News.
Prosecutor Maintains Opposition
District Attorney Hochman has consistently opposed the brothers’ release, calling their self-defense claims “lies” and arguing they haven’t taken full responsibility for their actions. The prosecutor has compared their case to that of Sirhan Sirhan, Robert F. Kennedy’s assassin, who was denied parole despite decades of rehabilitation.
The resentencing hearing is scheduled for May 13 and 14, where Judge Michael Jesic will consider whether the brothers have been rehabilitated during their 30 years of incarceration.
