Judge to rule on Menendez brothers' resentencing proceedings
Depending on how the judge rules, the Menendez brothers' resentencing bid could end tomorrow morning.
Erik and Lyle Menendez are serving life without possibility of parole for the 1989 murders of their parents, Kitty and Jose Menendez.
Los Angeles Superior Court Judge Michael Jesic will hear arguments on whether current District Attorney Nathan Hochman can withdraw a motion filed by his predecessor, George Gascón, who pushed for their resentencing weeks after Netflix released a series and documentary on the brothers' case. If Jesic decides to allow the proceedings to continue, a resentencing hearing could be scheduled late next week.
The brothers claimed they killed their parents in their Beverly Hills mansion in self-defense after years of abuse.
Hochman described the brothers' claims as a litany of lies and said the pair "shouldn't get out of jail" when he filed the motion last month.
"The basis for that request is that the prior motion did not examine or consider whether the Menendez brothers have exhibited full insight and taken complete responsibility for their crimes by continuing for the past over 30 years to lie," Hochman said.
Investigative journalist Robert Rand has been covering the case from the start. He's written books and produced documentaries about the brothers' story.
"DA Hochman has said the Menendez brothers need to come clean about major lies they told over the years," Rand said. "Those major lies that he's identified, all were resolved during the trials."
If the judge rules in favor of Hochman's motion, the brothers have another route to commute their sentences.
"The easiest and most direct path is through Governor Gavin Newsom's office," lawyer Neama Rahmani said. "He can, of course, commute their sentence at any time, and even if the brothers are resentenced to life with the possibility of parole, they're going to go before the parole board. But, Governor Newsom ultimately has the final say."
Newsom acknowledged LA County's motion, commenting that it would not impact his office's independent review of the brothers' clemency. Newsom said the brothers' final risk assessment hearing will be finished on June 13. The following report would need to be reviewed before the governor would make any decision.
"On June 13, both Lyle and Erik Menendez, independently, will have their final hearing," Newsom said on his titular podcast. "That would weigh into our independent analysis of whether or not to move forward with the clemency application to support a commutation."
Once again, the court will open 16 seats to the public and hold a lottery to decide who gets a spot. The lottery tickets will be given out outside Van Nuys Courthouse between 7:30 and 8:30 a.m. The drawing will be at 8:45 a.m.