Menendez Brothers’ Resentencing Hearing Set For Next Week
A Los Angeles judge ruled Friday that Erik and Lyle Menendez’s long-awaited resentencing hearing will proceed on May 13-14, potentially opening a path to freedom for the brothers after 35 years behind bars for their parents’ murders.
Judge Michael Jesic denied prosecutors’ attempts to delay proceedings further, despite revelations from a newly completed risk assessment that classified both brothers as “moderate risks” if released.
Prison Violations Revealed in Risk Assessment
The California Board of Parole’s risk assessment, ordered by Governor Gavin Newsom, disclosed previously unreported prison rule violations by both brothers. Los Angeles County District Attorney Nathan Hochman emphasized these infractions during Friday’s hearing, according to ABC News.
The assessment revealed both brothers possessed illegal cellphones while incarcerated, with Erik having one as recently as January 2025. Prosecutors also alleged Erik bought and traded drugs in prison and previously helped inmates commit tax fraud.
“They determined that each of the Menendez brothers constituted as a moderate risk of violence, which was higher than the prior determinations of low risk of violence,” Hochman told reporters after the hearing.
Defense Strategy Shifts
Defense attorney Mark Geragos unexpectedly withdrew his motion to disqualify Hochman and his office from the case, a move characterized as strategic. “I pulled the motion for a strategic reason,” Geragos explained outside court, according to Deadline.
The tactical shift reflects the defense’s priority to advance the resentencing process after numerous delays. Geragos indicated he will present seven witnesses rather than his previously planned 20, including family members supporting the brothers’ release.
Multiple Paths to Freedom
The Menendez brothers, convicted of fatally shooting their parents Jose and Kitty Menendez in their Beverly Hills home in 1989, are pursuing three separate legal avenues for release: resentencing, clemency, and a habeas corpus petition seeking a new trial.
Former Los Angeles District Attorney George Gascón had supported resentencing the brothers, which could lead to immediate parole eligibility. However, current DA Hochman has taken a harder stance, claiming the brothers haven’t fully acknowledged responsibility for their crimes.
Family Support vs. Prosecutor Opposition
Over 20 Menendez family members support the brothers’ release, arguing they’ve demonstrated rehabilitation during their incarceration. “The DA’s office may think that we blindly decided to forgive Erik and Lyle, but our journey to forgiveness was not linear,” the family said in a statement, as reported by Fox News.
Hochman maintains the brothers must first acknowledge “lies they have told for the past 30 years” regarding their claims of self-defense against alleged parental abuse, which formed the basis of their defense during trial.
Implications Beyond the Courtroom
The case has garnered renewed public attention following Netflix’s “Monsters: The Lyle & Erik Menendez Story” series and several documentaries examining the brothers’ claims of sexual abuse by their father.
Even if resentencing is denied next week, Governor Newsom could still grant clemency following a separate parole board hearing scheduled for June 13. The brothers’ habeas corpus petition, citing new evidence of alleged abuse, remains another potential avenue for release.
