Judge hears arguments on Menendez brothers re-sentencing. Here's what to know

New Los Angeles County District Attorney Nathan Hochman made clear his opposition to re-sentencing for the brothers

The courtroom saga of Lyle and Erik Menendez entered a new chapter Friday as the Los Angeles County District Attorney's Office asked a judge to allow the withdrawal of a resentencing recommendation for the brothers, now serving life-without-parole sentences for murdering their parents.

The hearing in a Van Nuys courtroom involved arguments on the county prosecutor's request to withdraw a motion filed during the administration of former Los Angeles County District Attorney George Gascón that sought re-sentencing for the brothers. New Los Angeles County District Attorney Nathan Hochman made clear his opposition to re-sentencing for the brothers — who are serving life prison sentences without the possibility of parole — and advised that the more likely route to freedom would be through the governor's office.

At Friday's hearing, county prosecutors described the 1989 shotgun shooting deaths of their parents, Jose and Mary Louise Kitty Menendez, at the family's Beverly Hills mansion. The brothers, who appeared via video feed from prison, could be seen wearing glasses and looking down.

Prosecutors also played clips of the brothers testifying at their first trial and others from the 2024 Netflix documentary and dramatic series about the case. Assistant Head Deputy Habib Balian's presentation drew a strong reaction from Menendez brothers attorney Mark Geragos when the prosecutor showed images of the bloody crime scene at the mansion.

"Are they the same people they were when they committed this brutal crime?" Balian asked. "Have they changed?"

Geragos responded, “It’s outrageous, frankly, that a DA puts up photos of a crime scene with family here, with zero warning. Victims are being retraumatized all for political purposes."

Balian acknowledged that the photos are "horrific'' and apologized to Menendez family members in court.

Geragos made several objections during the lengthy presentation. Judge Mike Jesic allowed the presentation to continue, but noted he'd like to wrap things up Friday.

"I’m not going to stop your presentations," Jesic said. "We’re going to flesh it out… If it doesn’t get finished today, I'm going to cry a little."

The hearing is the latest in a series of events, both in and out of court, that could lead to the brothers' release, after they served more than three decades in prison for the 1989 shotgun murders of their parents in the family's Beverly Hills mansion.

It was not immediately clear whether the judge will announce a decision on the re-sentencing hearing Friday.

What to expect from Friday’s hearing 

The petition hearing was held Friday at the Van Nuys Courthouse before Judge Mike Jesic.

District Attorney Hochman's office has argued that the brothers are undeserving of resentencing because they have not fully recognized, acknowledged, or accepted complete responsibility for their criminal conduct.

"That has not been done by the Menendez brothers to date," the DA's office wrote in a motion filed April 4.

Prosecutors also argued the initial resentencing recommendation request filed by his predecessor George Gascón lacks merit because it was based on what Hochman believes was an incomplete review of the case. 

Gascón announced the recommendation for resentencing in October 2024, a month before he was defeated by Hochman in the November election.

"We're looking at two opitons," said NBCLA legal analyst Royal Oakes. "The judge can say to DA Hochman, 'I'm sorry, but you're wrong. I'm considering Gascon's motion, so we'll have the hearing on resentencing next week.'

"Or, the judge could go the other way and say no resentencing hearing."

Did the Menendez brothers show up to Friday’s hearing?

The brothers joined the hearing remotely from the San Diego prison.

Could members of the public attend?

Yes, but there was a public lottery to allocate seats.

Photography, live streaming, filming or recording was not allowed during the hearing. 

More hearings in April

The resentencing or modification hearing is tentatively scheduled for April 17 and 18, where the judge is expected to hear arguments on the brothers' suitability for resentencing, based on the California law that allows courts to reduce penalties based on a variety of factors, including a prisoner's age and their conduct while incarcerated.

Despite Hochman’s opposition, it will be up to the judge to decide whether to allow the DA to withdraw the resentencing motion, and if the court denies the DA's request to withdraw, the judge will decide whether or not the brothers should be resentenced, and, possibly, the terms of a reduced sentence, which could entitle them to an immediate parole hearing.

More high-stakes reviews by the Parole Board

Simultaneous with, but separate from, the resentencing proceedings, Gov. Gavin Newsom directed the state’s parole board to evaluate whether Erik and Lyle Menendez pose danger to society, part of an independent risk assessment that will be completed by June 13.

The assessment is done by a group of corrections experts and psychologists to determine whether the brothers are suitable for release on parole.

The report will be shared with Judge Jesic in case the court proceeds with resentencing and the brothers become eligible for parole.

Newsom has said his office will also conduct its own analysis to determine whether the Menendez brothers deserve clemency, in which the governor may order a reduction in the severity of punishment.