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Menendez Brothers Resentencing Hearing Delayed: Defense Accuses D.A. of Partiality
The resentencing hearing for the Menendez Brothers has concluded for the day and will not be resumed as planned this Friday.
The next session is set for May 9, during which the judge will consider the admissibility of a risk assessment report. Defense attorney Mark Geragos is anticipated to file a motion requesting the recusal of L.A. County District Attorney Nathan Hochman from the case, citing their shared Beverly Hills background and high school history with the Menendez brothers.
Following today’s hearing, Geragos publicly criticized Hochman and his office, claiming they have caused further trauma to the Menendez family. This concern was underscored by the hospitalization of a family member after graphic crime scene photographs were displayed in court during a previous session on April 11. Bryan Freedman, who is advocating for the Menendez family, emphasized the importance of upholding their rights under Marsy’s Law.
The upcoming hearing on May 9 is not expected to include witness testimony, although the Menendez family is welcome to attend. The question of whether the session will be open to the general public is still pending. Geragos is currently waiting to receive the risk assessment report, which could play a critical role in the proceedings.
On Wednesday evening, Hochman attempted to halt today’s proceedings by filing a last-minute motion in L.A. County Superior Court, arguing that the court required additional time to review the California parole board’s risk assessment. However, this motion was denied, allowing the hearing to proceed.
In February, Governor Gavin Newsom mandated that the state’s parole board conduct a risk assessment of Erik and Lyle Menendez before any clemency decisions could be made.
Newsom intends to incorporate the findings from the assessment in a June 13 hearing, where both Erik and Lyle will appear for individual evaluations before the board. Following this, the governor will make a determination regarding the possibility of granting clemency to the brothers.
Convicted in 1989 for the shotgun murders of their parents in Beverly Hills, Erik and Lyle Menendez received life sentences without the chance of parole. Yet, the brothers have been persistently engaging with the legal system in recent years, seeking resentencing, requesting clemency, and pushing for a retrial based on newly discovered evidence.
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