The Los Angeles County District Attorney’s office is using different legal tactics to slow down or stop the resentencing hearing for Erik and Lyle Menendez. The brothers are trying to get out of prison after serving more than 35 years for killing their parents. Their resentencing hearing, which was originally set for Thursday, April 17, 2025, is a major step in their effort to be freed.
As reported by LA Times and Fox, right before the hearing, the DA’s office asked for a delay. They said they needed time to get a copy of new risk assessment reports about the Menendez brothers. The California Board of Parole Hearings did these reports after Governor Gavin Newsom requested them. The DA argued that the court should have these updated risk assessments before making any decisions about resentencing.
The Governor’s office said the full report wasn’t finished yet and wouldn’t be ready until June 13, 2025, but a partial report was available. This isn’t the first time the DA has tried to stop the resentencing. Earlier, the current DA, Nathan Hochman, tried to cancel the resentencing petition that was filed by his predecessor, George Gascón, who supported the brothers’ request.
Los Angeles County District Attorney is trying to delay resentencing
Hochman claimed the brothers haven’t truly admitted guilt and that their story of self-defense is made up. He also rejected their claims that their father sexually abused them. However, the judge refused Hochman’s request, allowing the resentencing hearing to move forward, though it might be delayed again.
The Menendez brothers’ legal team, led by Mark Geragos, is pushing for resentencing by arguing that the brothers suffered years of sexual abuse from their father. They also point to the brothers’ efforts to improve themselves in prison and the support they have from more than 20 family members, including their cousin Diane VanderMolen, who says they feel deep regret.
This is very different from the DA’s view, which paints the brothers as convincing liars who haven’t fully owned up to their crimes. The DA says that because they still claim self-defense and don’t fully admit guilt, they could still be dangerous to the public.
Besides the resentencing hearing, the brothers are trying two other ways to get out of prison. One is a request for clemency (a form of mercy) from Governor Newsom, which led to the risk assessment reports. The other is a habeas corpus petition, filed in 2023, which includes new evidence that wasn’t used in their original trial.
This evidence includes a letter about the alleged abuse and accusations from a former boy band member. The DA is fighting this petition, saying the new evidence isn’t believable or legally acceptable. The judge will have to decide which side is more convincing and whether the brothers would be a risk to the public if released.
The timing of the risk assessment reports and possible further delays from the DA’s office will likely drag out the case. Still, if the judge decides to resentence the brothers to 50 years to life, they could immediately ask for parole because of how young they were when the crime happened.
Published: Apr 17, 2025 10:00 am