Prior to the judge's decision on Tuesday, Erik and Lyle Menendez were serving life sentences without the possibility of parole for the 1989 killings of their parents, Kitty and Jose Menendez, inside their Beverly Hills home. The brothers have claimed that they acted in self-defense after years of alleged physical, sexual and emotional abuse at the hands of their parents.
Erik and Lyle Menendez's appellate attorneys filed a resentencing petition in 2023, arguing that new evidence corroborated the brothers' abuse allegations and supported their bid for a reduced sentence — potentially leading to their release or parole consideration.
Last week, Los Angeles County Superior Court Judge Michael Jesic was set to consider a recusal motion filed by appellate attorney Mark Geragos in April seeking to have Los Angeles County District Attorney Nathan Hochman and his office removed from the case. In court documents, Geragos argued that "a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair treatment through all related proceedings."
On Friday, Hochman again attempted to withdraw former Los Angeles County District Attorney George Gascón's 2024 resentencing motion in support of Erik and Lyle Menendez, claiming a parole board's comprehensive risk assessment on the brothers should be included when considering their petition. Hochman has also argued that the brothers have not taken full responsibility for their crimes.
Read more: Menendez brothers' family blames LA County DA Hochman after their aunt is hospitalized
Geragos argued that the risk assessment should not be allowed into the resentencing proceedings, saying the parole board does not allow psychologists to testify in hearings, including resentencing hearings.
While the brothers appeared at the resentencing hearing virtually, it is unclear if they will be called to take the stand.
He also said the resentencing hearing is about redemption and not about relitigating the facts of the crime, like he accused the DA's office of doing. Geragos and his team are asking for the brothers to be released without a parole hearing by pushing for a recall of their initial sentence to a lesser one.
She said she has forgiven the brothers and believes they are different men from the boys who committed the crimes. She added that if they are free, she assumes the brothers would advocate for victims of sexual abuse and childhood trauma.
Baralt has been a longtime advocate for the Menendez brothers' release, appearing at several demonstrations, including one outside of Hochman's office in March.
Who is testifying at the Menendez brothers resentencing hearing?
Goodell provided information on some of the ventures the brothers have taken on while behind bars, including Lyle's Greenspace Project and Erik's work on providing hospice care to the aging inmate population.
Anerae Brown, an ex-inmate sentenced to death row, also testified on Tuesday. He offered a look into his relationship with the brothers, who he says helped him earn parole after spending 26 years in prison.
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