Menendez brothers resentencing delayed again, with new date set for May 9

What was expected to be a two-day resentencing hearing for the Menendez brothers, convicted of the killings of their parents, Jose and Mary Louise "Kitty" Menendez, in Beverly Hills, was called off.

Today, April 17, was supposed to be the first day of what many thought would be a two-day resentencing hearing determining if the Menendez brothers could bid for shorter sentences and a shot at freedom, but the presiding  judge postponed it. 

The new set date for the case to return to the courts is May 9, in approximately three more weeks. The setback was due to a newly-completed psychological evaluation or a Comprehensive Risk Assessment (CRA) that Judge Michael Jesic said is important to analyze and assess in order to move the resentencing hearing forward.  

The CRA, ordered by Governor Gavin Newsom for a separate parole hearing, was not intended to be part of this week’s hearing. It would show a psychological assessment of the brothers that could help determine whether they pose "an unreasonable risk to the public" if they were to be released from prison.  

In February, Newsom described the assessment as a "common procedure carried out by the state,” part of a legal standard in California for release on parole. 

The Los Angeles County District Attorney’s Office requested that the hearing be delayed until the court obtained copies of the CRA, which had not been seen by the judge or the brothers' attorneys. Court documents showed that District Attorney Nathan Hochman filed to postpone the resentencing hearing on April 16, just one day before the hearing. 

The brothers, now ages 57 and 54, have been in jail for nearly 35 years and were originally sentenced to life in prison without parole in 1994.

Former Federal Prosecutor Stephen Cazares sat with CALÓ News to talk about the case. 

Cazares, now anattorney with Foundation Law Group, said that the resentencing for the brothers would mean that they could serve a lesser term, which could automatically allow them to seek parole or be released on time served.  

“Given that the law has changed since they were originally convicted, here in California, individuals who have committed crimes and are under 26 years old at the time of the offense, under California law, are eligible for parole,” he told CALÓ News. 

Since Lyle was 21 and Erik 18 when they killed their parents, their defense attorneys argue that this law should apply to them. 

The defense attorneys claim the brothers acted in self-defense after years of sexual abuse by their father, a claim that Hochman calls “phony” because, according to him, this does not match the facts of the case that showed premeditated steps to plan the killings and the brothers’ initial attempt to make it look like a gang hit.

For months now, Hochman has publicly announced he opposes the resentencing and release of the brothers because he claims they have not taken responsibility for their actions and the killing of their parents. 

“They have lied to everyone for the last 30 years,” Hochman said in a press conference in March.

Hochman argued that the Menendez brothers are not eligible for rehabilitation or resentencing because of their "continuing failure to demonstrate full insight and accept full responsibility."  

Last week, the brothers, their families, and their attorney had a major win in court when the judge ruled in their favor at a hearing regarding Hochman's motion to withdraw the resentencing petition submitted by the previous district attorney, George Gascón, who supported resentencing and the brothers' release.

Yet the delays continue, something that Cazares said he expected. 

“ I suspect this is going to be a full, full-blown resentencing hearing that might take a while,” he told CALÓ News on Wednesday. “I don’t expect the judge to make a decision right away from the bench.”

The high-profile case has also gotten major attention from the media, especially after the recent Netflix hit series“Monsters: The Lyle & Erik Menendez Story” and documentaries about the case. 

For Thursday’s hearing, 16 tickets were given out lottery-style for a public seat in the courtroom, where no cameras were allowed. “ It's a tense environment and very high energy,” Cazares said when talking about resentencing court hearings like that of the brothers’ case. “You'll often hear a reporter typing on their keyboard vigorously while the hearings go on. It can be a lot.”

The brothers both joined the hearing via video call from the San Diego prison where they are both currently serving their sentence.

Mark Geragos, the brothers' lawyer, claims today that the brothers are completely rehabilitated and have advanced significantly since their incarceration. Cazares said that for the judge to make final decisions, he would have to determine if the brothers have “lived a life in prison that's worthy of resentencing.” 

The family’s attorneys have also submitted a clemency plea to Newsom. “There's no guarantee of outcome here,'' Newsom said. “My office conducts dozens and dozens of these clemency reviews on a consistent basis, but this process simply provides more transparency, which I think is important in this case, as well as provides us more due diligence before I make any determination for clemency.”