Judge Allows Menendez Resentencing, Rejects DA’s Objection \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ A Los Angeles judge ruled that Erik and Lyle Menendez’s resentencing can proceed. DA Nathan Hochman opposed the move, reversing a request made by his predecessor. The hearing could reduce their life sentences and make them eligible for parole.
Quick Looks
- Judge Michael Jesic ruled Friday that Erik and Lyle Menendez’s resentencing can proceed.
- The brothers were sentenced to life without parole for killing their parents in 1989.
- Former DA George Gascón had petitioned to modify their sentences under new state law.
- Current DA Nathan Hochman opposed the change, citing lack of remorse and accountability.
- The judge said all arguments could be addressed in the upcoming hearing.
- Defense attorney Mark Geragos called the ruling “the biggest day since they’ve been incarcerated.”
- Prosecutors accused the brothers of lying about abuse to justify their actions.
- Graphic evidence presented in court reportedly retraumatized family members.
- Extended family supports resentencing and accused Hochman of bias and misconduct.
- Two deputy DAs who supported resentencing were demoted and later filed lawsuits.
- A clemency request is pending before Governor Gavin Newsom.
- A separate habeas corpus petition filed in 2023 also seeks a new trial.
Deep Look
In a significant legal development, Los Angeles County Superior Court Judge Michael Jesic ruled Friday that resentencing hearings for Erik and Lyle Menendez will proceed, despite vocal opposition from District Attorney Nathan Hochman, who sought to withdraw the request initiated by his predecessor.
The Menendez brothers, who were convicted of murdering their parents, Jose and Kitty Menendez, in 1989, were sentenced to life without the possibility of parole. At the time of the crime, they were 18 and 21 years old. The case drew national attention for its mix of wealth, violence, and conflicting narratives of abuse versus greed.
Gascón’s Petition Sparks Hope
In 2023, then-District Attorney George Gascón requested a sentence modification under a California law allowing resentencing for individuals under 26 at the time of their offense, citing modern understandings of brain development and potential for rehabilitation. Gascón’s motion proposed reducing the sentence to 50 years to life, making the brothers immediately eligible for parole.
DA Hochman Reverses Course
But after Nathan Hochman defeated Gascón in the DA race, he moved to withdraw the resentencing petition, arguing that the brothers had not demonstrated genuine remorse or taken full responsibility for their actions.
His office claimed the Menendez brothers still denied lying during their original trial and had not fully accepted accountability, disqualifying them from relief. Hochman also questioned whether they had shown meaningful rehabilitation.
Despite this, Judge Jesic ruled that these arguments were valid for the upcoming resentencing hearing, not reasons to cancel it. “Everything you argued today is absolutely fair game for the resentencing hearing next Thursday,” Jesic said.
Defenders Say Abuse Claims Were Ignored
Attorney Mark Geragos, representing the brothers, welcomed the decision and accused Hochman’s office of political motivations. Geragos emphasized that California law grants judges the authority to initiate resentencing hearings and called the prosecution’s efforts a “dog and pony show.”
He also objected to Hochman’s team presenting a graphic crime scene photo, which he said retraumatized the family. “They have authorized the denial of sexual abuse,” Geragos said, referring to allegations that the brothers acted out of self-defense following years of abuse by their father.
Prosecutors, however, maintain the killings were premeditated and financially motivated. Deputy DA Habib Balian argued that the brothers learned they were being written out of their parents’ will and murdered them for the inheritance. He presented video clips of their testimony to suggest they acted deceptively and without remorse.
Family Division and Allegations of Bias
While prosecutors assert the case was clear-cut, the Menendez family is divided. Most of the extended family supports resentencing and has accused Hochman of bias. Tamara Goodall, a cousin of the brothers, filed a formal complaint with the state, alleging Hochman created an “intimidating and bullying atmosphere” and acted with a “hostile, dismissive, and patronizing tone” in meetings.
Adding to the controversy, two deputy DAs who supported the original resentencing petition — Nancy Theberge and Brock Lunsford — were demoted. Both have since filed lawsuits against Hochman, alleging retaliation, harassment, and discrimination for their roles in the case.
Defense attorneys also questioned whether Hochman’s decision to withdraw the motion was based on legal grounds or “a change in political winds.”
Pathways to Release Still Remain
Even without resentencing, the Menendez brothers have two additional paths to potential freedom:
- Clemency Request – Filed with Governor Gavin Newsom, who has tasked the state parole board with evaluating whether the brothers would pose a threat to public safety if released. A final hearing is scheduled for June 13.
- Habeas Corpus Petition – Filed in May 2023, the petition seeks a new trial based on new evidence. Hochman’s office has moved to oppose this petition as well.
What’s Next
The resentencing hearing is scheduled for next Thursday, where both sides will present arguments on whether Erik and Lyle Menendez should receive modified sentences that could allow them a chance at parole.
Family members, legal experts, and the public will be watching closely as the case, now more than three decades old, enters a new chapter — one that could redefine not only the fate of the brothers, but how California courts address youth sentencing, accountability, and rehabilitation.
Judge Allows Menendez Judge Allows Menendez
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