On a bid toward freedom, the Menendez brothers are expected to have a resentencing hearing inside a Van Nuys courtroom Thursday morning after prosecutors filed a motion to delay their case.
Last week, Judge Michael Jesic ruled in their favor, allowing the resentencing proceedings to move forward. During the six-hour hearing, the judge heard arguments from Los Angeles County District Attorney Nathan Hochman and the brothers' attorney Mark Geragos.
Wednesday evening, the district attorney's office filed a new motion asking the judge to delay the resentencing hearing until the court can review a recently completed parole board assessment.
Erik and Lyle Menendez are currently serving life sentences in prison without the possibility of parole after being convicted of the 1989 killings of their parents, Kitty and Jose Menendez. The brothers have admitted to the killings but claim they did it in self-defense, after suffering years of physical, emotional and sexual abuse.
"The People request the Court make all reasonable efforts to obtain the recently completed Comprehensive Risk Assessments from the Governor's Office," prosecutors noted in their legal filing. "If additional time is required to obtain these documents, the People ask the Court to continue the resentencing hearing."
The parole board's assessment stems from the brothers' other avenue to freedom, asking for clemency from California Gov. Gavin Newsom. At the end of February, Newsom ordered the state parole board to perform a risk assessment of Erik and Lyle Menendez as one of the first steps toward clemency.
He said the report would provide an understanding of their conduct while incarcerated and "what they've done since the offense as it relates to rehabilitation and treatment programs," as well as "whether they have contributed to their own rehabilitation."
In a podcast episode in March, Newsom announced his decision that their bid for clemency would be made after a final risk assessment hearing scheduled for June 13.
Menendez brothers' road toward freedom
The district attorney's office said it reviewed thousands of prison records, court documents, trial transcripts and other statements. After Hochman's office was able to review the case, it requested to have former DA George Gascón's motion for resentencing be withdrawn. Hochman claims Gascón's motion did not thoroughly consider whether the brothers had taken full responsibility for their crimes.
He has stated multiple times that he believes the brothers have lied about the abuse and believes they should not be released.
After the resentencing hearing last week, family members of the brothers who were in the courtroom during the proceedings claimed their aunt was hospitalized after seeing graphic crime scene images. They said the prosecutors displayed a graphic image of her brother's body without warning, which "retraumatized family members" who were in attendance.
"We are devastated to share that Terry Baralt – who is a mother, an aunt to many of us, and José Menendez's sister – has been hospitalized and is in critical condition following the Los Angeles District Attorney's Office's cruel and careless conduct in court," the family's statement said.
Members of a family-led initiative in support of the brothers allege Hochman's personal bias has affected his handling of the case. In March, the coalition, along with other community members, held a rally outside of Hochman's office in downtown LA. Family members told reporters that Erik and Lyle deserve a second chance.
"At every turn, we feel like DA Hochman has dismissed us, ignored us and quite frankly treated us like we don't matter," said Tamara Goodell, a family cousin. "It feels like he is more interested in punishing Erik and Lyle for childhood lies than actually looking at the facts and following the law."
The brothers' hearings had been postponed several times to allow a judge to review new evidence and for the wildfires that erupted in Los Angeles in January.
The Menendez brothers' case gained renewed interest after two different Netflix specials were released. Ryan Murphy's drama series "Monsters: The Lyle and Erik Menendez Story" and "The Menendez Brothers" docu-series told their stories and garnered millions of views.
Around the same time, the specials came out, then DA Gascón announced his support for their bid for clemency. Attorneys for the brothers submitted a request for clemency to Gov. Gavin Newsom. Gascón also sent letters of support to the governor.
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