A superior court judge has postponed a resentencing hearing for Erik and Lyle Menendez indefinitely and set a motions hearing for May 9. On that date, the court will decide the admissibility of a state parole board risk assessment report on the brothers, as well as a planned motion to recuse the Los Angeles District Attorney from the case by the defense.
The resentencing motion was originally scheduled to take place on April 17 and April 18. But on April 16, the DA filed a motion to delay the hearing so it could obtain and review the risk assessment report—a psychological assessment of the brothers— which the judge and defense had also not reviewed. Mark Geragos, an attorney for the defense, argued for the resentencing hearing to proceed without the report. During a recess in the matter, Governor Gavin Newsom’s office notified all parties that it did not assert privilege on the report—making it available to both the defense and prosecution before May 9 when Jesic will then rule if it is admissible in court.