Menendez brothers eligible for parole after resentencing

by · UPI

May 13 (UPI) -- The Menendez brothers were resentenced Tuesday to 50 years to life in prison, making them eligible for parole.

Los Angeles County Superior Court Judge Michael Jesic resentenced Erik and Lyle Menendez, who until Tuesday had been serving life sentences without the possibility of parole, after they were convicted of first-degree murder in the 1989 shooting deaths of their parents in Beverly Hills.

At the hearing, both brothers told the court they take "full responsibility" for killing their mother and father.

"I committed an atrocious act against two people who had the right to live, my mom and dad," Lyle Menendez, 57, said as he broke down in tears. "Today, 35 years later, I am deeply ashamed of who I was."

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Erik Menendez, 54, told the court he felt "profound sorrow."

"I fired all five rounds at my parents and went back to reload. I lied to police. I lied to my family. I'm truly sorry," he said.

Jesic's decision came at the end of the first day of what had been scheduled to be a two-day hearing. He cited letters from corrections officers about the brothers' time in prison. While the judge called the crime horrific and said he was not advocating for their release, he said, "one day they should get that chance."

"It's now up to the parole board and the governor of California," Jesic added.

The pair has argued that they killed their parents in self-defense following years of physical and sexual abuse at the hands of their father.

On Tuesday, attorneys for the brothers argued both have been rehabilitated after serving more than 30 years in prison. Corrections officers, fellow inmates and family members also argued for their release.

A cousin, Diane Hernandez, urged the judge to "be merciful," adding the brothers "are remarkable human beings at this point."

The Los Angeles District Attorney's Office warned Tuesday against resentencing and said the Menendez brothers have failed to take full responsibility for their crimes.

The hearing was advocated for by former Los Angeles County District Attorney George Gascon, and garnered public support following the Netflix documentary The Menendez Brothers, which chronicled the case.

However, District Attorney Nathan Hochman opposed the resentencing effort and has argued that the killings were premeditated and not an act of self-defense, citing six "unacknowledged lies" the brothers told.

The hearing had previously been set for April, but California Gov. Gavin Newsom ordered a risk assessment, which found that the brothers were only a "moderate risk" to commit violence if released.

A motion made by Hochman during a hearing on Friday to cancel the resentencing based on the risk assessments was denied by the judge, leading to Tuesday's trial start date.

Both Menendez brothers were found responsible for cell phone violations since late last year, but the judge ruled that the information was not sufficient to result in a withdrawal of the motion to resentence.

Newsom could commute the brothers' sentences at any time but has not done so. The parole board is expected to hold a hearing in June, and at that time will offer its recommendation to the governor.

Attorneys for the brothers have also pursued a new trial as they purport to have new evidence against the brothers' father, which includes a letter sent from Erik Menendez to a family member in 1988 that references the alleged abuse.