Menendez brothers resentencing hearing delayed following DA's challenge

The Menendez brothers will have to wait another month on their bid for freedom after the judge presiding over their resentencing delayed the proceedings after prosecutors filed for a continuance.

Erik and Lyle Menendez appeared virtually during the hearing wearing blue jumpsuits. The hearing took place after Los Angeles County District Attorney Nathan Hochman filed a motion to delay it after the parole board completed a comprehensive risk assessment on the brothers.

During the hearing, Judge Michael Jesic heard from the prosecutors and the brothers' attorney Mark Geragos. 

Geragos wasted no time saying he did not have the parole board's report and argued it should not be used because of executive privilege and lack of finality. He accused the district attorney of "showboating and crossing the line" several times throughout the case. 

Jesic ordered the resentencing hearing to proceed after declining Hochman's request to have former DA George Gascón's resentencing motion withdrawn last week. Hochman claimed Gascón's motion did not thoroughly consider whether the brothers had taken full responsibility for their crimes.

Erik and Lyle Menendez are currently serving life sentences in prison without the possibility of parole after being convicted of the 1989 killings of their parents, Kitty and Jose Menendez. The brothers have admitted to the killings but claim they did it in self-defense, after suffering years of physical, emotional and sexual abuse.    

Habib Balian, representing the DA's office, said when they received the risk assessment, they were unaware if it was bound by executive privilege and assumed that all parties could access it. Balian stated that the hearing is supposed to assess risk and assumed the court would want to do that comprehensively. 

Geragos stated that the parole board has said, "CRAs are never meant to be used in resentencing." He said if the court was going to allow the report to be used, he would ask for a 17-day continuance to file a motion to recuse the DA. He also stressed that the report has "nothing to do" with the resentencing.

After both sides had presented their arguments, the judge ordered a recess. The court would contact the governor's office for guidance on whether the report could be considered in resentencing hearings. 

In the end, Jesic delayed the hearing for roughly three weeks to determine if the comprehensive risk assessment report could be admitted. Geragos also said he will work to have Hochman removed from the case. Both items will be addressed during the next hearing on May 9. 

Menendez resentencing hearing

Before heading into court for the hearing Thursday morning, Geragos told reporters he believes the judge will not grant Hochman's new motion and said he is appalled at how the DA has handled the case. 

"This particular DA has decided that he's got some other interest to vindicate, that has nothing to do with the victims," Geragos said.

Hochman also spoke to reporters briefly. He said he would not comment on the parole board's risk assessment and explained that his motion to delay the hearing is not for the prosecution's benefit but for the judge's.

Parole board's assessment 

The parole board's assessment stems from the brothers' other avenue to freedom, asking for clemency from California Gov. Gavin Newsom. At the end of February, Newsom ordered the state parole board to perform a risk assessment of Erik and Lyle Menendez as one of the first steps toward clemency. 

He said the report would provide an understanding of their conduct while incarcerated and "what they've done since the offense as it relates to rehabilitation and treatment programs," as well as "whether they have contributed to their own rehabilitation."  

In a podcast episode in March, Newsom announced his decision that their bid for clemency would be made after a final risk assessment hearing scheduled for June 13.

Menendez brothers' road toward freedom

The district attorney's office said it reviewed thousands of prison records, court documents, trial transcripts and other statements. After Hochman's office reviewed the case, it requested that his predecessor's motion for resentencing be withdrawn. Hochman claims Gascón's motion did not thoroughly consider whether the brothers had taken full responsibility for their crimes.  

He has stated multiple times that he believes the brothers have lied about the abuse and that they should not be released.

After the resentencing hearing last week, family members of the brothers who were in the courtroom claimed their aunt was hospitalized after seeing graphic crime scene images. They said the prosecutors displayed a graphic image of her brother's body without warning, which "retraumatized family members" who were in attendance. 

"We are devastated to share that Terry Baralt – who is a mother, an aunt to many of us, and José Menendez's sister – has been hospitalized and is in critical condition following the Los Angeles District Attorney's Office's cruel and careless conduct in court," the family's statement said.   

Members of a family-led initiative in support of the brothers allege Hochman's personal bias has affected his handling of the case. In March, the coalition, along with other community members, held a rally outside of Hochman's office in downtown LA. Family members told reporters that Erik and Lyle deserve a second chance. 

"At every turn, we feel like DA Hochman has dismissed us, ignored us and quite frankly treated us like we don't matter," said Tamara Goodell, a family cousin. "It feels like he is more interested in punishing Erik and Lyle for childhood lies than actually looking at the facts and following the law."  

The brothers' hearings had been postponed several times to allow a judge to review new evidence and for the wildfires that erupted in Los Angeles in January.

The Menendez brothers' case gained renewed interest after two different Netflix specials were released. Ryan Murphy's drama series "Monsters: The Lyle and Erik Menendez Story" and "The Menendez Brothers" docu-series told their stories and garnered millions of views.

Around the same time, the specials came out, then DA Gascón announced his support for their bid for clemency. Attorneys for the brothers submitted a request for clemency to Gov. Gavin Newsom. Gascón also sent letters of support to the governor.