A decide is about to determine Friday whether or not to proceed with resentencing hearings for Erik and Lyle Menendez, who had been convicted of murdering their dad and mom, in gentle of Los Angeles’s new district lawyer opposing their launch after 30 years behind bars.
The brothers had been sentenced to life in jail with out the chance of parole at ages 18 and 21 after being convicted of murdering their dad and mom, Jose and Kitty Menendez, of their Beverly Hills house in 1989.
Whereas the protection argued they acted out of self-defense after years of sexual abuse by their father, prosecutors stated the brothers killed their dad and mom for a multimillion-dollar inheritance.
Los Angeles County’s earlier progressive district lawyer, George Gascón, sought resentencing for the brothers earlier than he misplaced reelection to tough-on-crime candidate Nathan Hochman in November.
Gascón had requested a decide to alter the brothers’ sentence to 50 years to life, which might make them instantly eligible for launch below California legislation as a result of they dedicated the crime once they had been youthful than 26.
However final month, Hochman submitted a movement to withdraw that request, saying he didn’t help the brothers’ resentencing as a result of they’d not admitted to lies they instructed because the case unfolded about why they killed their dad and mom and didn’t “absolutely acknowledge, acknowledge, and settle for full duty” for his or her crime.
On Friday, the courtroom will determine whether or not to permit prosecutors to withdraw their resentencing movement.
If that request is granted, the decide additionally will determine whether or not to proceed independently with the brothers’ resentencing hearings, that are tentatively scheduled for April 17 and 18.
The district lawyer’s opposition poses a serious hurdle for the brothers, whose path to resentencing was all however sure with Gascón’s help.
The household’s relationship with Hochman additionally has soured. A lot of the brothers’ prolonged household helps their resentencing.
Milton Andersen, Kitty Menendez’s brother and the only relative who opposed their launch, died final month.
Tamara Goodall, a cousin of the brothers, submitted a grievance to the state asking that Hochman be faraway from the case, citing his bias towards the brothers and alleging he violated a legislation meant to guard victims’ rights.
Hochman had a “hostile, dismissive and patronizing tone” in conferences with the household and created an “intimidating and bullying environment,” Goodall wrote.
Of their response to the district lawyer’s movement to withdraw the resentencing request, attorneys for the Menendez brothers questioned whether or not Hochman had authentic causes for doing so or was influenced by “a change of political winds.”
Learn extra on the Menendez brothers’ case
The attorneys identified that Hochman demoted Nancy Theberge and Brock Lunsford, the 2 deputy district attorneys who filed the unique resentencing movement.
Theberge and Lunsford have since filed lawsuits towards Hochman alleging harassment, discrimination, and retaliation for his or her work on the Menendez brothers’ case.
“The legislation requires equity, not private vendettas,” Anamaria Baralt, a cousin of the brothers, stated in a press release. “Erik and Lyle haven’t solely taken duty, they’ve grow to be the sort of males this method is meant to assist create. If rehabilitation doesn’t matter right here, when does it?”
Hochman’s workplace denied any political affect on their decision-making of their reply and doubled down on the place that Erik and Lyle Menendez “fabricated their self-defense declare” within the murders of their dad and mom and had not achieved full rehabilitation.
With out resentencing, the brothers would nonetheless have two different pathways to freedom.
They’ve submitted a clemency plea to California Gov. Gavin Newsom, who has ordered the state parole board to research whether or not the brothers would pose a danger to the general public if they’re launched.
The parole board is scheduled to carry its remaining hearings on June 13.
The brothers additionally submitted a petition for habeas corpus in Could 2023 asking the courtroom to grant them a brand new trial in gentle of recent proof introduced. Hochman’s workplace additionally filed a movement opposing the petition.
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