The resentencing hearing of Menendez brothers can move forward despite opposition from the district attorney, a Los Angeles court has ruled.
The brothers’ attorneys are attempting to have them resentenced to a lesser term, which could potentially make them eligible for freedom.
Erik and Lyle were convicted of killing their parents in their Beverly Hills mansion in 1989, a notorious case that still divides Americans. They are currently serving life in prison without the possibility of parole in California.
Friday’s ruling means a pair of high-profile hearings next week to decide whether the convicted killers will be resentenced, will continue.
Los Angeles District Attorney Nathan Hochman has voiced fierce opposition to resentencing the pair, after his predecessor put the process in motion just before the November election.
The brothers’ effort is based on a California law that allows certain inmates who were aged under 26 at the time of their crimes to seek resentencing and potential parole eligibility – recognising that brain development continues into a person’s mid-20s.
If the brothers are resentenced to 50 years to life as they have requested, it would make them immediately eligible for parole.
Lyle and Erik Menendez appeared for hearing remotely via a video stream from a San Diego prison. Both were dressed in blue prison jumpsuits and appeared nervous at times – looking down, rocking in chairs and taking deep breaths – as prosecutors recounted graphic details of the killings.
The district attorney’s office argued that while prosecutors can recognise inmates have rehabilitated while behind bars, the act of resentencing someone should be used with care.
Deputy District Attorney Habib Balian criticised the former DA George Gascón, whose backing of the resentencing effort allowed it to move forward.
He said the decision by Gascón to announce his support for the brothers to be resentenced just before the November election, which Gascón lost to Hochman by a wide margin, was politically driven.
The DA’s office has argued the brothers have not fully taken responsibility and have continued to grasp at alleged lies in the case to shed blame.
Mark Geragos, an attorney for the Menendez brothers, argued that the district attorney’s office was more concerned with re-litigating the previous trial and hadn’t examined what the pair had been doing the last 35 years in prison.
The pair had completed schooling while behind bars and worked to start rehabilitation programs for disabled and elderly inmates, along with incarcerated individuals suffering with trauma, he said.
The judge ruled that prosecutors failed to show why the resentencing effort should not continue and emphasised the importance of maintaining consistency even with shifts in leadership.
“There’s no new information,” the judge said. “None of this is really new. They’ve stuck with their story. It goes to whether they’ve been rehabilitated.”
The case was thrust back into the public eye last year as new evidence emerged and the release of a new Netflix drama, Monsters: The Lyle and Erik Menendez Story.
The series introduced the case to a new generation and garnered attention from celebrities – including Kim Kardashian and Rosie O’Donnell – who called for the brothers to be released.
Legal experts say the outcome of the Menendez brothers’ resentencing hearing could take several forms, depending on how the judge rules.
The most straightforward path would be to deny resentencing altogether, leaving their current sentence—life without the possibility of parole—intact. This is the outcome Los Angeles District Attorney Nathan Hochman is pushing for, arguing the brothers have not fully accepted responsibility for their crimes and therefore don’t qualify for a reduced sentence.
Alternatively, the court could side with former DA George Gascón’s earlier recommendation and resentence the brothers to 50 years to life. This would make them immediately eligible for parole, as they’ve already served more than 30 years. But eligibility doesn’t guarantee release; they would still need to convince a parole board they are no longer a danger to society.
Another possibility is that the judge opts for a modified sentence that reduces their punishment but does not immediately open the door to parole. In that case, the brothers could face several more years behind bars before becoming eligible.
The resentencing bid is one of three routes the brothers have been chasing in recent months in hopes of being freed.
California Gov Gavin Newsom is still weighing another option: granting the brothers clemency.
Newsom said the brothers were scheduled to appear before the state’s parole board on 13 June to discuss the findings of a risk assessment he’d ordered, examining whether Erik and Lyle pose a danger to society.
Depending on the results, the governor could grant clemency, commuting their sentences to make them eligible for parole or even releasing them outright.
The third route the brothers have eyed – asking for a new trial – hit a roadblock when Hochman’s office announced they would oppose the request.
