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A two-day res judging by Lyle and Eric Menendez, part of a process that could ultimately lead to the brother’s release from prison, has been postponed. A meeting to discuss two moves that the judge would like to address before it is scheduled for May 9th. My family’s Beverly Hills Mansion. LA County prosecutors oppose resting, claiming that the brothers killed Jose and Kitty Menendez on their multi-million dollar inheritance.
The much-anticipated res court on the ground was stopped Thursday shortly after the lawyer arrived at Van Nuis court.
A hearing is scheduled for May 9th after Judge Michael Jessick postponed the scheduled two-day response hearing. This is to speed up the process that his predecessor has already been delayed due to the January wildfire and the Los Angeles County District Attorney’s request.
The dispute over the district attorney’s request to delay hearings and other matters was a point of contention at the start of proceedings Thursday. Eric Leonard reports on NBC4 News at 11am
There are two allegations in the matter. One is about rejecting the LA County District Attorney’s Office from the case, and the other about whether a comprehensive risk assessment report on the siblings will be recognized as part of a Res Court hearing. JESIC JESIC said both issues need to be addressed before the Res Court advances.
“As a family, it was a bit of a disappointment for us today,” brother’s cousin Anamaria Baralto said outside the courthouse. “Of course, as we have great perseverance, there have been some unpredictable delays in this process. This is another delay that isn’t that many, but we’ll continue to show up as a family.”
The risk assessment report ordered by Gov. Gavin Newsom was not intended to be considered at this week’s hearing and quickly won center stage in court. The confusion began Wednesday night when prosecutors said they saw the report. Neither the judge nor the brother’s lawyer had seen the governor’s report, so the judge led him to call for a long break to review the matter.
The brother’s lawyer, Mark Jelagos, prosecutor and judge returned to court in the afternoon, but the judge chose to delay the hearing until the motion was handled.
The brothers’ lawyers allege that the brothers served sufficient time for their parents’ shotgun murder at their family’s Beverly Hills estate in 1989.
The much-anticipated hearing follows a controversial court case last week in which Los Angeles County prosecutors actively argued 30 years ago to resent against a brother who is serving life sentences without parole after two murder trials 30 years ago. Despite allegations from the Los Angeles County District Attorney’s Office, the judge decided to proceed with the resting process despite allegations that the brothers killed Jose and Kitty Menendez with their multi-million dollar inheritance, and that they were not lying during trial and were not fully lied for the crime.
The defense attorneys allege that the brothers acted in self-defense after years of sexual abuse by their father.
The road to the hearing was delayed by a wildfire in January, and at the request of the prosecutor, he made another twist late Wednesday, and another twist from the district attorney’s office to seek delays. The DA’s office said it was important for the court to obtain a copy of the comprehensive risk assessment that will be completed at the request of Gov. Gavin Newsom.
The governor’s office said the assessments prepared for the hearing in June were not perfect.
The issue derailed the scheduled hearing on Thursday.
Prosecutors said they saw the report. This was ordered for another parole board hearing on June 13th. Neither the judge nor the brother’s lawyer had seen the governor’s report, so the judge led him to call for a break to review the matter and the final postponement.
Los Angeles County District Attorney Nathan Hochman said in an interview during his first 100 days of office that he would reconsider Menendez’s responsibilities to his brother if he fully embraced responsibility for his parents’ murder. Robert Kovacik is reporting an NBC4 News report on Monday, March 17th, 2025 at 7pm.
Eric (54) and 57-year-old Lyle, ages 18 and 21, respectively, were 18 and 21 when they were sentenced to crimes that ordered public attention, which was renewed in the fall of 2024 with the release of the Netflix drama Monster: The Story of Lyle and Eric Menendez and the documentary Brothers Menendez, respectively.
16 tickets were given lottery style for a seat in court on Thursday. Cameras are not permitted in court.
The road to Thursday’s hearing began in October when then-Los Angeles County District Attorney George Gascon asked a judge to change his brother’s sentence to 50 years without the possibility of parole. They committed the crime while under the age of 26, so they will soon be eligible for parole.
However, Gascon was defeated by Nathan Hochman in the November election. After asking for time to review the case, Hochman revealed that his office did not support resentment and retracted the demands of his predecessor.
At last week’s hearing, Associate District Attorney Habib Varian said the key issue of Gascon’s responsive petition was that he didn’t fully address rehabilitation and missed a key element of the original crime committed. He claimed they were “covered by bunkers of their deceit, lies, and deceitfulness.”
Varian said that when Menendez’s brothers learned they would be taken out of their will, the murder was motivated by greed.
During the hearing during the researk hearing, the District Attorney’s Office will revisit many of the discussions held at the hearing on Friday. The discussion of both resembles is also laid out in hundreds of pages of filing reviewed by JESIC.
“Menendez has not been fully rehabilitated yet,” Hochmann said this week in an interview with the NBCLA. “The Menendez brothers have been clean over the past 30 years and may have recognized the full range of criminals, and have chosen not to do so.”
The hearing is an opportunity to show the judge that the brothers are living a life in prison worthy of responsiveness, as outlined in California law. If the judge agrees, their judgment can be reduced to a penalty less than life, without the possibility of parole before the case is considered by the Parole Board.
Geragos explained last week’s prosecutor’s presentation. This included photos of a bloody crime scene that was subject to complaints by family members as a “dog and pony show.” He called “nothing but political cover-up” as a result of Hochman defeating Gascón with the racial district attorney.
Geragos argued that the judge had full authority to proceed with responsiveness under California law passed in 2023. The law allows courts to reduce penalties based on a variety of factors, including the age of prisoners and their behavior during incarceration.
A Los Angeles judge determined that efforts could be made to Lyle and Eric Menendez resent and ultimately be released from prison.
If nothing changes after this week’s minutes, the brothers still have two paths to freedom.
They filed a generous plea to California Governor Gavin Newsom. Gavin Newsom ordered the state parole board to assess whether the brothers could pose public risks if released. The risk assessment process is a standard practice in the case of parole and is used to determine whether prisoners pose a threat if released to public safety.
The brothers also filed a habeas-protection petition in May 2023, urging them to allow a new trial in light of new evidence presented to the court. Hochman’s office also filed a motion against the petition.
In the court petition, the brother’s lawyer pointed to two new pieces of evidence that allegedly supported the brother’s allegations of long-term sexual abuse by his father. The evidence contained a suspicious letter
What Eric Menendez wrote to his cousin Andy Cano in early 1989 or late 1988, and the recent allegations by Roy Rossello, a former member of Puerto Rican boy band Menudo, also said that Jose Menendez was sexually abused as a teenager.
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