Menendez Brothers Resentencing Hearing Delayed Amid Disputes Over Risk Assessment Admissibility

Key Developments

• A hearing for Erik and Lyle Menendez regarding their bid for shorter sentences and possible parole was delayed due to disputes between prosecutors and defense attorneys over the admissibility of state parole board risk assessments.
• Prosecutors filed a motion to delay the resentencing hearings to obtain a completed part of the state parole board risk assessments.
• Los Angeles Superior Court Judge Michael Jesic scheduled a new hearing for May 9 to consider the admissibility of the state parole board’s comprehensive risk assessments.
• The resentencing hearing will focus on the Menendez brothers' rehabilitation in prison and potential eligibility for a reduced sentence and release.
• Erik and Lyle Menendez were sentenced to life in prison without parole in 1996 for the 1989 murders of their parents.
• Former Los Angeles County District Attorney George Gascón requested the Menendez brothers' sentences be reduced to 50 years with the possibility of parole.
• Defense attorney Mark Geragos plans to file a motion to remove District Attorney Nathan Hochman from the case.
• Defense attorney Mark Geragos stated he will ask the judge to reduce the Menendez brothers' charges to manslaughter, which could lead to their immediate release.
• Neither the judge nor the Menendez brothers' attorneys had seen the governor’s report on risk assessment that caused arguments in court.
• Deputy District Attorney Habib Balian argued that the state parole board report, intended for a separate June 13 hearing, was relevant and necessary for the resentencing hearing.
• An attorney representing Menendez relatives denounced the showing of crime scene photos without warning as disrespectful and harassment.
• Defense attorneys denounced prosecutors for showing gruesome crime scene photos without warning family members during a previous hearing.
• If the judge shortens their sentences, the Menendez brothers may still require approval from the state’s parole board for release.
• The governor’s office confirmed that part of the risk assessment was shared with the defense and prosecution 60 days before the June clemency hearing, as per California law.
• The governor’s office notified the judge of the status of the risk assessment report and offered to share it if requested, clarifying it was not a stand-alone assessment.
• Prosecutors argue the Menendez brothers have not admitted to lies told during their trial or asking friends to lie for them.
• The extended Menendez family, with one exception, has stated they forgive the brothers and want them to be freed.
• The Menendez brothers' attorneys argue their clients have worked to rehabilitate themselves and contribute to the prison community.
• Deputy District Attorney Habib Balian apologized for not warning family members before showing crime scene photos but stated the Menendez brothers caused the carnage.
• Defense attorneys criticized the District Attorney’s office for taking over the court’s victims’ services arm and for lack of contact with surviving Menendez relatives.
• The District Attorney’s office does not believe the Menendez brothers were sexually abused by their father and argues they have not taken full responsibility for the crime.