A judge on Friday set a long-awaited resentencing hearing that could lead to Erik and Lyle Menendez being released from prison. The move came after their attorneys withdrew a motion to recuse the district attorney from the case.
The resentencing hearing, which is now scheduled to start May 13, could go at least two days.
The backstory
The Menendez brothers were sentenced to life in prison without the possibility of parole for the 1989 shotgun murders of their parents in their Beverly Hills home.
In arguing that they be resentenced and released, their attorney Mark Geragos says they’ve been rehabilitated and pose no risk to society.
Nathan Hochman, the newly-elected Los Angeles County district attorney, disagrees.
Recusal request
Hochman personally appeared during the hearing to argue against a motion by Geragos that his office be recused from the case — a motion that was later withdrawn.
Hochman also asked the judge to reverse himself and allow the District Attorney’s Office to withdraw the resentencing motion, originally filed by Hochman’s predecessor George Gascón.
The judge denied Hochman’s request.
Confidential report
Hochman also sought to convince the judge to allow prosecutors to use a comprehensive risk assessment during next week’s hearing. The assessment, produced for the parole board, says the Menendez brothers pose a moderate risk to society. Other reports place them at a low risk.
The judge will decide that issue during the hearing.
Renewed interest
The Menendez brothers’ case has drawn renewed interest after the recent release of a Netflix documentary and dramatic series.
Erik Menendez is now 54 years old. Lyle Menendez is 57. They were 18 and 21, respectively, when they committed the murders.
Sexual abuse
Geragos also claims there’s new evidence the brothers' father, Jose Menendez, sexually abused them. The brothers have long claimed, including in court, that they killed their father and mother after years of abuse.
Prosecutors argued their motive was greed — that they wanted early access to their inheritance.
