Menendez Brothers Face Critical Resentencing Hearing
A Los Angeles judge ruled Friday that Erik and Lyle Menendez will move forward with their long-anticipated resentencing hearing on May 13-14, rejecting prosecution efforts to halt proceedings while revealing new details about the brothers’ prison conduct.
The decision comes amid a risk assessment report indicating the brothers pose a “moderate risk” to the community if released after 35 years behind bars for the 1989 shotgun murders of their parents in Beverly Hills.
Risk Assessment Reveals Prison Violations
Los Angeles County District Attorney Nathan Hochman revealed details from the recently completed risk assessment, claiming both brothers violated prison rules by possessing contraband cellphones. “The timing of the infractions is important,” Hochman argued during Friday’s hearing according to TMZ.
Erik’s violations allegedly occurred as recently as January 2025, which prosecutors highlighted as particularly concerning given the ongoing resentencing process. The assessment also claimed Erik purchased and traded drugs, and helped fellow inmates commit tax fraud years ago.
Defense attorney Mark Geragos countered that the brothers had been transparent with psychologists during their evaluations, not expecting this information would be used against them in court.
Defense Withdraws Motion to Disqualify District Attorney
In a surprising development, Geragos withdrew his motion to have Hochman and his office removed from the case, citing “strategic reasons” tied to building a record for the resentencing process, as reported by Deadline.
The legal battle intensified after Hochman replaced former District Attorney George Gascón, who had supported resentencing the brothers. The current administration has taken a harder stance, with Hochman arguing the Menendez brothers haven’t fully accepted responsibility for their crimes.
Judge Michael Jesic indicated he would consider portions of the risk assessment during next week’s hearing but noted the information was preliminary and forensic psychologists who performed the examinations couldn’t be questioned in court.
Multiple Paths to Freedom
The brothers are pursuing three separate legal avenues toward potential release: resentencing, clemency from Governor Gavin Newsom, and a habeas corpus petition seeking a new trial based on new evidence.
If resentenced, their current life sentences without parole could be reduced to 50 years to life, making them immediately eligible for parole since both were under 26 when the crimes occurred, according to ABC News.
Family Support Versus Prosecution Opposition
More than 20 Menendez family members support the brothers’ release, maintaining they committed the murders in self-defense after years of sexual abuse by their father. One notable exception was Milton Andersen, brother of victim Kitty Menendez, who opposed their release until his death in March 2025.
Geragos plans to call seven witnesses rather than his previously planned 20 during next week’s proceedings, which could determine whether the brothers are freed after more than three decades in prison.
