Judge sets dates for Menendez brothers’ resentencing hearings

This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Department of Corrections via AP, File)

LOS ANGELES — Resentencing hearings for Erik and Lyle Menendez will move forward next week after a series of delays.

The brothers were sentenced in 1996 to life in prison without the possibility of parole for fatally shooting their entertainment executive father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home. The brothers were 18 and 21 at the time of the killings. Defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, while prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.

LA County Superior Court Judge Michael Jesic on Friday set the hearings for next Tuesday and Wednesday.

The hearing was supposed to be about the defense attorneys’ request to remove the Los Angeles district attorney’s office from the case, but defense attorneys withdrew their motion. Prosecutors, meanwhile, tried again to withdraw the resentencing petition set under the prior district attorney. Jesic rejected their efforts.

Here’s what to know:

Resentencing hearings on May 13 and 14

Next week, the judge will hear arguments on the crucial question: Have Erik and Lyle Menendez been rehabilitated during 30 years in prison?

The brothers’ attorneys say yes.

Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates.

The extended Menendez family, with the exception of an uncle who died last month, has said they fully forgive the brothers for what they did and want them to be freed. Their cousins have said the brothers worked hard over the decades to better themselves and give back to the prison community.

Defense attorney Mark Geragos said he plans to call seven family members to testify at the hearings.

If the brothers are resentenced, they could become immediately eligible for parole. The state parole board would ultimately rule on whether to release them from prison.

LA prosecutors oppose the brothers’ resentencing

Former LA County District Attorney George Gascón had opened the door to possible freedom for the brothers in October by requesting their sentences be reduced to 50 years with the possibility of parole. His office said the case would’ve been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers’ rehabilitation during their 30 years in prison.

But current district attorney Nathan Hochman reversed course and opposed the brothers’ resentencing.

He’s argued the brothers have not taken full responsibility for their crimes because they have not admitted to lies told during their trials.

“They’re not ready” to be resentenced, Hochman told the judge Friday.

The state parole board made available last month the preliminary results of risk assessments for Erik and Lyle Menendez conducted by a forensic psychologist. While the reports have not been made public, Hochman cited them as the reason why he could not support resentencing.

According to Hochman, the reports said the brothers had recently broken prison rules by smuggling cellphones inside, which he argued demonstrated an inability to regulate their own behavior. It came to the conclusion that they were “moderately more likely” to engage in violence in the community, Hochman said.

But Jesic disagreed.

“I don’t see anything new,” he said. “He’s (Erik Menendez) had cellphones throughout the time he’s been in custody.”

Geragos had filed a motion to remove the case from Hochman’s office, arguing that Hochman has a bias against the brothers. But he withdrew that motion Friday. Hochman has said he has done nothing wrong and simply disagrees with the defense attorneys and their arguments as to why the brothers should be resentenced.

Cemency from governor still on the table

The Menendez brothers are still waiting for the full results of a state parole board risk assessment ordered by Gov. Gavin Newsom ‘s office. The final hearing, scheduled for June 13, will influence whether Newsom grants the brothers clemency.

While parts of the risk assessment were disclosed in court Friday that could be unfavorable to the brothers’ case, Geragos emphasized they were only one component of the parole board’s evaluation, not meant to be made public and could still change.