Resentencing Hearing for Menendez Brothers Delayed by Judge
A Los Angeles County judge has rescheduled a hearing to possibly resentence convicted killers Erik and Lyle Menendez, delaying an effort to release the pair from prison.
The judge, Michael V. Jesic, made no decision in the case and has scheduled a two-day hearing for Jan. 30 after hearing statements from two of the brothers’ aunts, who pleaded for their release, citing new evidence supporting their claims of sexual abuse by their father.
The hearing will replace the previously set Dec. 11 hearing, giving newly elected District Attorney Nathan Hochman, who will be sworn in next week, more time to review the case before proceeding.
Defense attorney Mark Geragos and the outgoing District Attorney George Gascón filed for habeas corpus—a challenge to the brothers’ incarceration—amid public calls for their release after nearly 35 years in a San Diego prison.
The Menendez brothers were convicted of killing their parents, Jose and Kitty Menendez, with a shotgun while they were having dinner and watching TV at their Beverly Hills home in 1989.
Geragos described the aunts’ pleas for the brothers’ release as a “quite moving experience” after the hearing.
In filings for Monday’s hearing, Geragos requested that the judge resentence the men on lesser charges of voluntary manslaughter based on new evidence.
Since their 1996 convictions, evidence has emerged supporting the defense’s claims of sexual abuse against Erik Menendez.
Additional evidence presented include a letter written by Erik Menendez to his cousin in early 1989, corroborating the brothers’ allegations of long-term sexual abuse.
Former Menudo member Roy Rosselló has also come forward claiming he was abused by Jose Menendez as a teen, according to the defense.
The Menendez brothers, currently held at the Richard J. Donovan Correctional Facility in San Diego, appeared virtually at the Van Nuys courthouse but did not speak during Monday’s hearing.
Joan VenderMol, sister of Kitty Menendez, arrived at the facility for the hearing.
With a massive media presence, the hearing provided Erik Menendez, 53, and Lyle Menendez, 56, their first opportunity to speak publicly in 28 years, although technical issues prevented them from speaking during the virtual proceeding.
A recent Netflix documentary, “The Menendez Brothers,” highlighted alleged sexual abuse by their father, leading to an influx of calls to Gascón’s office seeking their release.
Gascón had intended to file a court petition for resentencing for the brothers, who are currently serving life sentences without the possibility of parole.
The district attorney and family members argue that the brothers’ good behavior in prison over the past three decades demonstrates their readiness to reintegrate into society.
Gascón initiated the resentencing process in late October, and it remains to be seen whether District Attorney-elect Hochman will continue pursuing the brothers’ release after reviewing all evidence.
City News Service contributed to this report.
