The judge ruled Friday that the resentment of Erik and Lyle Menendez could continue despite opposition from Los Angeles County District Attorney.
The brothers were sentenced to life imprisonment at the age of 18 and 21 after being convicted of murdering parents at their Beverly Hills home.
Former Los Angeles District Attorney George Gascón asked a judge to change the sentences of the brothers from their lives, with the possibility of no parole being 50 years. This will make them immediately eligible for parole because they committed the crime when they were under 26 years of age.
But Gascon’s successor turned around. Nathan Hochman filed a motion to withdraw a request for rejudgment last month.
The Hockman’s office said this cannot support the brothers’ re-sentence because they did not admit to lying during the trial, indicating why they killed their parents without “full admission, acknowledge, acknowledge and assume full responsibility”.
Los Angeles County Superior Court Judge Michael Jesic said prosecutors can make the argument during resentence.
“Everything you think today is absolutely fair to re-recording the hearing next Thursday,” he said.
No brotherly remarks
The brothers appeared in court as Zoom, but did not make any public statements.
Brothers attorney Mark Geragos said of the family: “They have been waiting for a long time to get justice and today is actually probably the biggest day since they were imprisoned.”
The defense argued that they acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents on a multimillion-dollar estate.
Deputy District Attorney Habib Balian said the key issue in Gascón’s re-sentence is that it did not completely solve the problem of recovery and did not miss the key elements of the original crime.
“What does this mean? Learn from mistakes and really understand yourself wrong,” Barian said.
He presented evidence and video footage of the brothers’ testimony from the first trial to prove that they were “in trouble in a bunker of deception, lies and deception.”
He said the brothers killed their parents from greed when they learned they were going to be taken away from their will, citing the psychiatrist’s notes saying, “It’s not self-defense.”
Geragos called the speech a “dog and pony show” and said it was nothing more than political cover as Hodgman beat Gascon in the District Attorney’s game.
“They have authorized to deny sexual abuse,” Glagos said of the prosecution speech.
Defend criticism of using photos
Glagos argues that a judge has the right to re-sentence under California law passed in 2023, which allows the court to recall the judgment and start a re-sentence at any point in time.
Geragos also opposed Balian, which included photos of the deceased and bloody Menendez’s parents, who spoke about “re-shaped” family members and victims.
The brothers’ cousins Anamaria Baralt and Aunt Terry Baralt were both in court. The relationship between this family and Hawkman is very sour.
Most of the brothers’ extended family supported their reverdict. Cousin Tamara Goodall filed a complaint with the state, demanding that Hochman be removed from the case, citing alleged bias against the brothers and accusing him of violating a law designed to protect the rights of victims.
Goodall wrote that Hodgman had a “hostile, dismissive and patronized tone” in meetings with his family and created a “humid and bullying atmosphere.”
In response to the District Attorney’s motion to withdraw his request for rejudgment, Menandes’ lawyers questioned whether Hockman had a reasonable reason to do so or be influenced by a “change of political winds.”
If the sentence is not re-sentenced, the brothers will still have two other free paths. They have filed a leniency appeal to California Gov. Gavin Newsom, who ordered the state parole board to investigate whether the brothers would pose a risk to the public when they were released. The parole board is scheduled to hold its last hearing on June 13.
The brothers also filed a petition for habeas protection proceedings in May 2023, requiring the court to hold a new trial on them based on the new evidence presented. The Hawkman’s office also filed a motion against the petition.
