Menendez Brothers Score Court Win, as Judge Allows Resentencing to Proceed

The Menendez brothers scored a victory in court on Friday, as a judge denied the Los Angeles District Attorney’s move to withdraw a resentencing petition.

The decision means that a hearing will go forward next Thursday and Friday, at which time the D.A. and prosecutors will argue over whether the brothers are sufficiently rehabilitated to warrant a reduced sentence.

Lyle and Erik Menendez have served 35 years for the 1989 murders of their parents, Jose and Kitty, at their Beverly Hills home in 1989. The brothers witnessed the hearing on Friday remotely via WebEx from state prison in San Diego County.

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District Attorney George Gascón moved last October to reduce the brothers’ sentence from life without parole to 50 years to life. That reduction, if granted, would make them immediately eligible for parole.

Nathan Hochman, who defeated Gascón in the November election, sought to withdraw his predecessor’s petition, arguing that the brothers had not taken full responsibility for their crimes and remained a threat to the community.

At a lengthy hearing on Friday, attorneys on both sides argued over whether Hochman had the right to rescind his predecessor’s request, and whether the brothers are truly rehabilitated. Habib Balian, speaking for the D.A.’s office, argued that the brothers have never admitted that their self-defense claim was fabricated, or taken responsibility for repeatedly lying about the murders and recruiting their friends to lie on their behalf in court.

“They’re the same people they were back then,” Balian said. “Thirty years ago, they were telling the same lies they are today.”

Judge Michael Jesic held that the D.A.’s office had not done enough to show that the prior administration’s petition should be withdrawn. The judge said he was seeking to avoid a situation in which petitions could be offered and withdrawn merely based on a change in administration.

“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.”

A California appeals court precedent requires that a D.A. offers a “legitimate reason” to withdraw a resentencing petition. The judge found that the court precedent did not provide enough clarity to determine what qualifies as “legitimate.”

The Menendez brothers’ attorney, Mark Geragos, blasted the D.A.’s office for offering a lengthy presentation on the original crime, which even included a display of a photo of Jose Menendez’s dead body. Geragos called Balian’s presentation a “dog and pony show” and likened it to Sen. Cory Booker’s recent filibuster.

Outside court, Geragos hailed the judge’s ruling, calling it a victory of “justice over politics.”

Hochman sat in the front row for much of the hearing, underscoring the importance of the case to his administration. Hochman assigned three deputies to review the transcripts of both Menendez trials, and announced his decision to withdraw the petition at a lengthy press conference.

In court, Balian played video clips from the first trial, as well as audio recordings of Lyle and Erik Menendez’ therapy sessions and interviews with a reporter. He also played clips from “The Menendez Brothers,” a Netflix documentary that debuted last year, in which Lyle argued that he acted in reasonable self defense. Balian argued that the clips show that the brothers deliberately manipulated the process and concocted a self-defense argument only after trying several other rationales.

Jesic was startled by Lyle Menendez‘ phone interview with a reporter, in which he talked about pursuing the “best angle” at trial. “He’s saying this to a reporter on the phone from jail,” Jesic said, noting that it undermined the prosecution’s claim that the brothers were “sophisticated” killers.

Geragos said he was infuriated by Balian’s presentation, calling it a “show proceeding by a D.A. elected as a throwback to the 90s.”

“This is political,” he said, arguing that Hochman was “pandering” to “Neanderthal” D.A.’s in his office who were “wildly dissatisfied with Gascón.”

“We’ve kind of evolved,” he said, adding that the Legislature had expanded the use of resentencing to reduce prison overpopulation in the wake of the Three Strikes era.

The attorneys are expected to recapitulate many of the same arguments at next week’s hearing. Jesic did not indicate how he would rule on that, but said the D.A.’s arguments will be “fair game” at the hearing.

Gov. Gavin Newsom has also said that he is considering whether to grant clemency to the brothers. They are due before the state parole board in June for a hearing on whether they would be suitable for a commutation or pardon.