LOS ANGELES (AP) — Erik and Lyle Menendez’s resentencing hearings can proceed regardless of opposition from the Los Angeles County district legal professional, a decide dominated Friday.
They had been sentenced to life in jail with out the opportunity of parole at ages 18 and 21 after being convicted of murdering their mother and father, Jose and Kitty Menendez, of their Beverly Hills residence in 1989.
Whereas protection attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors stated the brothers killed their mother and father for a multimillion-dollar inheritance.
The case has captured the general public’s consideration for many years, and the Netflix drama “Monsters: The Lyle and Erik Menendez Story″ and the documentary “The Menendez Brothers,” launched within the fall of 2024, have been credited for bringing new consideration to the case. Supporters of the brothers have flown in from throughout the nation to attend rallies and hearings previously few months.
Former Los Angeles District Legal professional George Gascón requested a decide final yr to vary the brothers’ sentence from life with out the opportunity of parole to 50 years to life. That may make them instantly eligible for parole as a result of they dedicated the crime after they had been youthful than 26.
However Gascón’s successor reversed course. Nathan Hochman submitted a movement final month to withdraw the resentencing request.
Deputy District Legal professional Habib Balian stated throughout Friday’s listening to they couldn’t assist the brothers’ resentencing as a result of the brothers had not admitted to lies advised throughout their trial about why they killed their mother and father nor have they taken full accountability for his or her crime.
“They’re the identical individuals they had been,” Balian stated. “They haven’t modified.”
Los Angeles County Superior Courtroom Choose Michael Jesic that argument is “truthful sport” for prosecutors to make in the course of the resentencing listening to.
The brothers appeared in court docket over Zoom however didn’t make any public statements.
“They’ve waited a very long time to get some justice,” the brothers’ legal professional, Mark Geragos, stated of the household.
Balian stated that the important thing difficulty with Gascón’s resentencing petition was that it didn’t totally handle rehabilitation and missed key parts of the unique crime dedicated.
“What does it (rehabilitation) imply? To study out of your errors and actually perceive that you just had been incorrect,” Balian stated.
Balian introduced proof and video clips of the brothers’ testimony from the primary trial to display situations the place they “hunkered down of their bunker of deceit, lies, and deception.”
He stated the brothers killed their mother and father out of greed after they discovered they might be taken out of the need, citing psychiatrist’s notes that he stated confirmed “this was not self-defense.”
Geragos known as the presentation a “canine and pony present” and stated it was “nothing greater than political cowl” on account of Hochman defeating Gascón within the district legal professional’s race.
“They’ve licensed the denial of sexual abuse,” Geragos stated of the prosecution’s presentation.
Geragos argued the decide had full authority to proceed with resentencing underneath a California legislation handed in 2023 that enables a court docket to recall a sentence and provoke resentencing at any time limit.
Geragos additionally objected to Balian together with a photograph of the deceased and bloody Menendez mother and father in his presentation, which he stated “retraumatized” members of the family and victims.
The household’s relationship with Hochman has soured since he took workplace. A lot of the brothers’ prolonged household helps their resentencing.
Tamara Goodall, a cousin of the brothers, submitted a grievance with the state asking that Hochman be faraway from the case. She wrote that Hochman had a “hostile, dismissive and patronizing tone” in conferences with the household and created an “intimidating and bullying ambiance.”
Geragos identified that Hochman demoted Nancy Theberge and Brock Lunsford, the 2 deputy district attorneys who filed the unique resentencing movement. Theberge and Lunsford have since filed lawsuits towards Hochman alleging harassment, discrimination and retaliation for his or her work on the Menendez brothers case.
“We look ahead to a full, truthful presentation of who Eric and Lyle are at the moment, not only a model frozen in time in a time of ache and concern, however the entire reality — the expansion, the humanity and the lads they’ve grow to be,” stated Anamaria Baralt, a cousin of the brothers, after the listening to concluded.
With out resentencing, the brothers would nonetheless have two different pathways to freedom. They’ve submitted a clemency plea to California Gov. Gavin Newsom, who has ordered the state parole board to evaluate whether or not the brothers may pose a public threat if launched.
The brothers additionally submitted a petition for habeas corpus in Might 2023 asking the court docket to grant them a brand new trial in gentle of recent proof introduced. Hochman’s workplace additionally filed a movement opposing the petition.
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