Erik and Lyle Menendez will wait until at least late January for a decision on their bid for release from life sentences without parole for the 1989 murders of their parents in Beverly Hills. During a Nov. 25 status conference, Superior Court Judge Michael Jesic heard sworn testimony from two of the brothers’ aunts, both of whom pleaded for their release from prison. He also set a two-day hearing on the matter for Jan. 30 and 31, vacating the previous date of Dec. 11.
Attorneys for the brothers are currently pursuing several avenues as they hope to secure their release and contend that new evidence backs the brothers’ claims they were sexually abused by their father.
The January hearing dates will allow newly elected District Attorney Nathan Hochman more time to review the case. Current District Attorney George Gascón announced last month that he supports the resentencing of the brothers. Hochman has not publicly stated how his office will handle the case. He released a statement on Nov. 25, saying that the delay will provide him with “sufficient time to review the extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult with prosecutors, law enforcement, defense counsel and victim family members.” Hochman added, “I look forward to thoroughly reviewing all the facts and the law to reach a fair and just decision, and then defend it in court.”
Erik Menendez, 53, and Lyle Menendez, 56, both attended Monday’s hearing in Van Nuys via an audio link from their prison in San Diego. They were expected to appear via video, but the video link would not function. Other than a brief acknowledgment they were able to hear the proceeding, the brothers did not speak at the hearing. The matter attracted a sizable contingent of media outlets, and an overflow room was set up to accommodate those who could not be seated in the courtroom.
During the hearing, witness Joan VanderMolen, Kitty Menendez’s 93-year-old sister, spoke for the release of the two brothers. “I would like to be able to hug them and see them…” she began to tell the judge. Later, she’d say that “I know they’re not kids anymore; to me they are.”
Menendez defense attorney Mark Geragos noted that it was “quite the moving experience” to hear two of the brothers’ aunts make “impassioned pleas with the judge to send the brothers home.”
Geragos hopes to have the brothers resentenced on a lesser charge of voluntary manslaughter based on the new evidence. The pair were convicted of first-degree murder and sentenced to life without the chance of parole. The defense filed a petition last year arguing that newly uncovered evidence bolsters defense allegations that the brothers were victims of sexual abuse.
The Menendez brothers’ defense team also submitted a request for clemency to Governor Gavin Newsom requesting clemency. The governor said last week he would not make any decision on the request until Hochman has a chance to review the case. “The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” a statement from the governor’s office said.
