LA County judge allows Menendez brothers' resentencing hearings to proceed ...Middle East

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LA County judge allows Menendez brothers resentencing hearings to proceed

A judge ruled in favor of the Menendez brothers, allowing their resentencing hearing to move forward despite opposition from the Los Angeles District Attorney's Office.  

Erik and Lyle Menendez were sentenced to life in prison without the possibility of parole for the 1989 killings of their parents, Kitty and Jose Menendez. The brothers admitted to the killings but said they did it in self-defense, after enduring years of abuse from their parents. They spent more than 30 years in custody until former DA George Gascón filed a motion in favor of reducing the brothers' sentences and granting them eligibility for parole. 

    District Attorney Nathan Hochman filed a request to withdraw his predecessor's motion after his office reviewed tens of thousands of court documents, trial transcripts, prison records and other statements. Hochman claimed Gascón's previous motion did not thoroughly consider whether the brothers had taken full responsibility for their crimes.

    "The basis for that request is that the prior motion did not examine or consider whether the Menendez brothers have exhibited full insight and taken complete responsibility for their crimes by continuing for the past over 30 years to lie," Hochman said. 

    After a roughly six-hour hearing where the brothers appeared together virtually, LA County Judge Michael Jesic denied Hochman's request, allowing the proceedings to continue next Thursday, April 17. 

    "I don't want to get ahead of myself, but today is a good day," the brothers' attorney Mark Geragos said. "Justice won over politics. It's been a long time coming ... We are obviously very thankful for this judge."

    The brothers have another hearing scheduled for Friday, April 18. 

    Erik Menendez and his brother Lyle listen during a pre-trial hearing, on Dec. 29, 1992, in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez of Beverly Hills, Calif.  VINCE BUCCI/AFP via Getty Images

    Several of the brothers' relatives attended the hearing and celebrated the judge's decision outside of the courthouse. 

    "Today's ruling affirms something that should have never been in question," cousin Anamaria Baralt said. "The facts, fairness and the law still matter. The court made clear that this process is not about politics. It's about truth. It's about justice. And, it's about giving people the chance to show who they are now, not just who they were in their worst moments."

    The hearing had taken several hours until the court took a lunch break in the afternoon. While outside, reporters asked the brothers'  if he expected the hearing to take so long. 

    "No, obviously they are trying to divert the whole hearing from what it is," Geragos said. 

    The resentencing hearing is one way they are hoping to gain freedom.

    Aside from the resentencing hearings, the Menendez brothers are also hoping to secure freedom through clemency. Gov. Gavin Newsom has ordered a state parole board to perform a risk assessment to determine if they continue to pose a risk to public safety.

    The clemency hearing is expected to take place after June 13.

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