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LOS ANGELES (AP) — Eric and Lyle Menendez’s bid for a short sentence and freedom shot was again delayed by a dispute between the prosecutor and his brother’s lawyer.
Los Angeles Superior Court Judge Michael Jessick said Thursday that the discussion on the acceptability of a comprehensive risk assessment for the state parole board ordered by California Gov. Gavin Newsom will be considered at the new hearing on May 9.
Prosecutors filed a motion late Wednesday to delay the Res Trial, allowing the court to obtain some of the assessments it said were already complete.
The brothers were sentenced to life in prison in 1996 in 1989 without the possibility of parole to fatally shoot and kill entertainment executives Jose Menendez and Mother Kitty Menendez at their Beverly Hills home. The brothers were 18 and 21 at the time of the murder. The defense argued that the brothers acted out of self-defense after years of sexual abuse by their father. Prosecutors said the brothers killed their parents for their multi-million dollar inheritance.
The resentment hearing centers on whether the brothers were rehabilitated in prison and deserves less sentences than they could qualify for release. Former Los Angeles County District Attorney George Gascon demanded that their sentence be reduced to 50 years with the possibility of parole. However, their defense attorney, Mark Jelagos, said Thursday that he asked the judge to reduce manslaughter charges and that they would be released from prison soon.
Discuss in court
On Thursday, neither the judge nor the brother’s lawyers saw the governor’s report that spurred the heated debate in the packed courtroom.
“We need clarification from the governor’s office,” Jesic said. “This is stupid.”
The prosecutors who saw the report claimed they should be able to use it and submitted it to postpone the hearing so that everyone could consider it.
Deputy District Attorney Habib Varian argued that the report intended for another parole board hearing on June 13 was relevant and necessary.
“If there is a report assessing the risk of violence, how do you not use it?” Habib said.
Geragos angeredly accused district attorney Nathan Hochman of discussing the report at a morning press conference, saying he would file an allegation that he would remove Hochman from the case. Hochman was selected in November 2024 and does not support res.
The governor’s office confirmed that part of the risk assessment was shared with the defense and prosecutor for review, 60 days prior to the June tolerance hearing. They also offered to inform the judge of the status of the report and share it if requested, but said it was not a standalone risk assessment.
If a judge cuts their sentences, the brothers may still need approval from the state’s parole board to leave the prison.
The brothers were able to watch the lawsuit via video from a corrections facility near San Diego and in blue prison attire on court screens. They did not give an obvious response to the argument.
The brothers’ hearings were delayed several times. The first hearing scheduled for January has been postponed due to the LA fire and prosecutors attempting to withdraw their request for a ruling.
The incident has attracted the public’s attention for decades, with Netflix’s drama Monster: The Story of Lyle and Eric Menendez and subsequent documentaries drawing new attention. Dozens of media reporters were crowded outside the courtroom, fighting over space within the courtroom.
Family support
Jelagos, who represents Menendez’s parents, and attorney Brian Friedman, accused the prosecutors of showing photos of the horrifying crime scene, without determining whether the Res Court would move forward.
“That’s not dignity,” Friedman said. “It’s rude. It’s harassment.”
Varian apologized for not having a warning, but added, “Eric and Lyle Menendez caused that massacre, not me.”
Jelagos and Friedman also accused the DA’s office of taking over the court’s victims’ worship department and for not having contact with the office and surviving Menendez parents.
Except for his uncle who passed away last month, the expanded Menendez family says they want to be freed completely by what they did.
The brother’s lawyers say their clients have worked hard for decades to make themselves better and give back to the prison community.
Prosecutors said they did not admit lies about why the brothers killed their parents during trial or asking their friends to lie in court. Hochman’s office also says it does not believe that the brothers were sexually abused by their father, and by talking about childhood abuse they say they are not fully responsible for the crime.
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