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.
Many Menendez family members were in the courtroom on April 17, as some had planned to testify on behalf of the brothers. Erik and Lyle Menendez, who were given life sentences with no possibility of parole for murdering their parents in 1989, attended the hearing virtually from their San Diego prison.
Defense attorney Bryan Freedman stated in court that District Attorney Nathan Hochman should be removed from the case for not disclosing that he grew up 1 mile away from the Menendez home in Beverly Hills when the murder took place in 1989. Additionally, Geragos argued that prosecutors violated Marsy’s law—a statute that protects victims’ privacy—by displaying graphic images of José Menendez from the murder scene at an April 11 hearing and “retraumatizing” the family members. Deputy District Attorney Habib A. Balian apologized to the family members at the April 17 hearing for showing the photos without warning, but also said that understanding the “depravity” of the crime was essential in determining whether the brothers had been rehabilitated. He indicated that going forward, the DA will notify the defense of any photos or descriptions of the murders before presenting them in court.
At the earlier hearing in the case on April 11, the judge denied Hochman’s motion to withdraw the resentencing motion, which was originally filed by his predecessor, George Gascón. During that hearing, Geragos said the brothers exemplified rehabilitation during their time in prison, with Erik starting a rehabilitation program for prisoners and Lyle raising money for a communal space. He noted that one 30-year career correctional officer said he would welcome Erik to his own neighborhood after getting to know him. The brothers’ rehabilitation is also shown through every living relative of José and Kitty Menendez wanting the brothers freed, Geragos added.
“They’re not just ready to be out,” Geragos said. “They’re remarkable human beings.”
Geragos argued that Hochman wanted to stop the brothers’ resentencing for purely political reasons, so he could continue to appear tough on crime. He also said the brothers would have received a more lenient sentence if the trial happened today since societal views on victims of sexual abuse have shifted.
After the proceedings on April 17, Anamaria Baralt, a cousin of the brothers, said they were frustrated that the governor allowed the risk assessment report to be considered in the trial but that her family will continue fighting for the brothers.
“We will continue to show up as a family,” she said.
In a statement released on the evening of April 17, Hochman said he looks forward to addressing allegations of personal bias and conflict of interest in court.
“Our office remains committed to ethical and impartial prosecution. We believe the facts will demonstrate that our conduct has been professional, appropriate, and in the interest of justice,” the press release said.
No date for a resentencing hearing has been set.
