Menendez brothers resentenced to 50 years to life, making them eligible for parole

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CBS News Los Angeles Live

The Menendez brothers person been resentenced to 50-years-to-life successful prison, opening them up for the anticipation of parole aft spending much than 3 decades down bars for sidesplitting their parents successful the 1980s. 

Prior to the judge's determination connected Tuesday, Erik and Lyle Menendez were serving beingness sentences without the anticipation of parole for the 1989 killings of their parents, Kitty and Jose Menendez, wrong their Beverly Hills home. The brothers person claimed that they acted successful self-defense aft years of alleged physical, intersexual and affectional abuse astatine the hands of their parents.

Now, the lawsuit volition spell to the California Board of Parole Hearings earlier it is sent to the governor's bureau if approved. 

Erik and Lyle Menendez's appellate attorneys filed a resentencing petition in 2023, arguing that new evidence corroborated the brothers' maltreatment allegations and supported their bid for a reduced condemnation — perchance starring to their merchandise oregon parole consideration.

Before heading into tribunal connected Tuesday, Hochman reiterated the prosecution's stance that they bash not judge the brothers shouldn't beryllium released astatine all, conscionable not yet. He alleged the Menendez brothers killed their parents successful a "methodical way" akin to a "mafia hit."

Last week, Los Angeles County Superior Court Judge Michael Jesic was acceptable to see a recusal motion filed by appellate lawyer Mark Geragos successful April seeking to person Los Angeles County District Attorney Nathan Hochman and his bureau removed from the case. In tribunal documents, Geragos argued that "a struggle of involvement would render it apt that the defendants volition person neither a just proceeding nor just attraction done each related proceedings." 

But Geragos withdrew the petition earlier the proceeding connected Friday, saying helium did not privation immoderate much delays successful the resentencing process.

On Friday, Hochman again attempted to retreat erstwhile Los Angeles County District Attorney George Gascón's 2024 resentencing motion in enactment of Erik and Lyle Menendez, claiming a parole board's broad hazard assessment connected the brothers should beryllium included erstwhile considering their petition. Hochman has besides argued that the brothers person not taken afloat work for their crimes. 

The hazard appraisal was ordered earlier this twelvemonth by California Gov. Gavin Newsom arsenic portion of the Menendez brothers' petition for clemency.

Read more: Menendez brothers' household blames LA County DA Hochman aft their aunt is hospitalized

In tribunal Friday, Hochman said the committee "determined that each of the Menendez brothers constituted a mean hazard of violence, which was higher than the anterior determinations of debased hazard of violence." He said the study cited circumstantial actions by Erik and Lyle Menendez that supported the determination, including an incidental successful January successful which Erik Menendez was allegedly recovered with a compartment telephone that was illegally brought into prison.

Geragos argued that the hazard appraisal should not beryllium allowed into the resentencing proceedings, saying the parole committee does not let psychologists to attest successful hearings, including resentencing hearings. 

The authorities parole committee is acceptable to behaviour abstracted hearings connected June 13 for Erik and Lyle Menendez. Final reports volition past beryllium sent to Newsom to assistance the politician marque a determination arsenic to whether the brothers should person clemency.

While the brothers appeared astatine the resentencing proceeding virtually, it is unclear if they volition beryllium called to instrumentality the stand. 

During a tribunal recess, Geragos spoke to reporters, saying household members of the Mendez brothers are unified successful the content that they should beryllium released. 

He besides said the resentencing proceeding is astir redemption and not astir relitigating the facts of the crime, similar helium accused the DA's bureau of doing. Geragos and his squad are asking for the brothers to beryllium released without a parole proceeding by pushing for a callback of their archetypal condemnation to a lesser one.

What caller grounds was offered by the Menendez brothers successful their resentencing petition?

The archetypal witnesser to instrumentality the basal during Tuesday's resentencing proceeding was the brothers' cousin, Annamaria Baralt. She took the basal aft Jesic explained the instrumentality for resentencing that says, unless there's a ace strike, helium has the presumption that the brothers volition beryllium resentenced. 

She said she has forgiven the brothers and believes they are antithetic men from the boys who committed the crimes. She added that if they are free, she assumes the brothers would advocator for victims of intersexual maltreatment and puerility trauma. 

Baralt was cross-examined by Deputy District Attorney Habib Balian for the prosecution. He asked her if they had ever admitted to immoderate of the alleged lies they made during their archetypal trial, astir making radical falsely testify, and she said no, they person not discussed those details. 

Baralt has been a longtime advocator for the Menendez brothers' release, appearing astatine respective demonstrations, including 1 outside of Hochman's bureau successful March. 

Who is testifying astatine the Menendez brothers resentencing hearing?

Along with Baralt, 2 different cousins of the Menendez brothers, Tamara Goodell and Diane Hernandez, besides offered grounds connected Tuesday.

Goodell provided accusation connected immoderate of the ventures the brothers person taken connected portion down bars, including Lyle's Greenspace Project and Erik's enactment connected providing hospice attraction to the aging inmate population.

The 4th witness, erstwhile justice Jonathan Colby who described himself arsenic pugnacious connected crime, said that the brothers helped him alteration his caput connected inmate rehabilitation. He says that successful the past helium has ne'er written a declaration nor has helium testified for immoderate different inmate, but aft gathering them portion doing outreach enactment with his canine Gracie, helium hopes to assistance amended different judges. 

Anerae Brown, an ex-inmate sentenced to decease row, besides testified connected Tuesday. He offered a look into his narration with the brothers, who helium says helped him gain parole aft spending 26 years successful prison.