LA judge allows resentencing hearing for Menendez brothers to go ahead

By Omar Younis

A Los Angeles judge on Friday ruled that a resentencing hearing for Lyle and Erik Menendez may go forward, dealing a setback to the prosecutor who opposed any leniency for the brothers serving a life term for the shotgun murder of their parents in 1989.

Los Angeles County District Attorney Nathan Hochman had opposed resentencing, which could make the brothers eligible for parole and possibly result in their release after 35 years behind bars.

But Los Angeles County Superior Court Judge Michael Jesic denied Hochman's petition to withdraw a request for resentencing and ruled it could go forward on April 17-18.

The brothers, now 57 and 54 years old, watched through a video link from prison and could be seen in court seated next to each other in blue prison uniforms.

"Today is a good day. Justice won over politics," attorney Mark Geragos, who represents the brothers, told reporters after the hearing.

Hochman's predecessor as district attorney, George Gascon, had favored the release of the brothers based on evidence that recently came to light suggesting they may have been abused by their parents.

But Hochman defeated Gascon in last November's election and took a harder line against the brothers, saying they must fully acknowledge lies they told about the shotgun murder of their parents before he would support their release from prison.

The Menendez brothers were convicted in 1996 of first-degree murder and sentenced to life in prison without the possibility of parole for shooting their parents, Jose and Kitty Menendez, at their Beverly Hills home on August 20, 1989.

The case captivated the U.S. in the 1990s because of the brothers' wealth and privilege as sons of a record company and entertainment industry executive. Lyle was 21 and Erik was 18 years old at the time of the murders.

A recent Netflix documentary series raised new evidence to support their claims they were sexually abused by their parents, which led Gascon to advocate resentencing them to a lesser crime and releasing them.

The brothers at first denied involvement and attempted to make the shooting look like an organized crime hit but later admitted killing their parents, claiming self-defense. A jury convicted them of first-degree murder after the second of two highly publicized trials, the first of which ended in a hung jury.

Some members of the Menendez family have supported the brothers' release, including the sisters of Jose and Kitty Menendez. One notable exception - Milton Anderson, the brother of Kitty Menendez - died recently. Anderson had repeatedly opposed their release and disputed the abuse claims.

Separately, Governor Gavin Newsom, who has the power to commute their sentences, has asked the parole board to consider whether the Menendez brothers 7would represent a public safety risk if released.