Credit...Damian Dovarganes/Associated Press
Menendez Brothers Win Ruling in Bid for Resentencing
The men, who killed their parents in 1989, are pursuing several efforts to be released after decades in prison.
by https://www.nytimes.com/by/tim-arango, https://www.nytimes.com/by/matt-stevens · NY TimesAn effort to resentence the Menendez brothers can proceed after a Los Angeles judge cleared the way Friday for additional hearings next week.
The ruling by the judge, Michael Jesic, in a Los Angeles courtroom, advances Lyle and Erik Menendez on one front in their push for freedom after decades in prison for killing their parents. If the brothers are ultimately resentenced, they could almost immediately walk free.
Separately, Gov. Gavin Newsom of California, a Democrat, is weighing clemency for the brothers and has scheduled parole board hearings for Lyle and Erik Menendez on June 13. The ruling by Judge Jesic has no effect on the brothers’ bid for clemency.
The Menendez brothers brutally murdered their parents inside the family’s home in Beverly Hills, Calif., more than 35 years ago. They were eventually convicted of first-degree murder with special circumstances, and were sentenced to life in prison without the possibility of parole.
For a time, it appeared their best chance to walk free would be through the resentencing efforts playing out in court this month. But those efforts have been complicated by the election of a new top prosecutor in Los Angeles, Nathan Hochman, who opposes any resentencing.
The purpose of the hearing on Friday was to deal with a motion Mr. Hochman filed. Last year, Mr. Hochman’s predecessor as district attorney, George Gascón, asked a court to resentence the brothers, declaring, “I believe they have paid their debt to society.”
Mr. Hochman subsequently sought to withdraw the resentencing motion filed by Mr. Gascón. On Friday, Judge Jesic denied Mr. Hochman’s request to pull back his predecessor’s resentencing motion. The parties will reconvene late next week to argue the issue more broadly.
Lyle and Erik Menendez attended the Friday hearing virtually, appearing via video in blue jumpsuits.
The brothers killed their parents in 1989 when Lyle was 21 and Erik was 18. Their first trial, in 1993, ended in a mistrial after separate juries deadlocked and was closely watched by a national audience on TV. In their second trial, the judge limited testimony about sexual abuse they had said they had suffered at the hands of their father and banned cameras in the courtroom. The brothers were convicted in 1996.
Their case has garnered renewed interest and momentum over the last year or two, thanks in part to a hugely popular docudrama and a documentary on Netflix and an advocacy campaign powered by young people.
With Mr. Hochman looking on, prosecutors spent much of the morning on Friday laying out what they said was a series of lies the brothers had told during their initial trial. The prosecutors displayed graphic photos of the crime scene, leading the brothers’ lawyer, Mark Geragos, to fervently object.
In the end, Judge Jesic said that many of the arguments prosecutors brought forward would better serve them at next week’s hearings.