Menendez Brothers 2023
Courtesy/CDC

En Español

A California judge has postponed the long-awaited resentencing hearing for Erik and Lyle Menendez, the Beverly Hills brothers serving life sentences without parole for the 1989 shotgun killings of their parents.

The delay comes after outgoing Los Angeles District Attorney George Gascón requested a reduction in their sentences less than two weeks before Election Day. Gascón was subsequently defeated by independent candidate Nathan Hochman, who will assume office on Dec. 2.

Judge Michael Jesic cited the need to accommodate the incoming administration as the reason for the postponement. Initially set for Dec. 11, the hearing has been rescheduled for late January, with both sides agreeing to the revised timeline.

He set tentative dates of January 30 and 31 as the next steps in this challenging case.

Implications of This Decision

This delay has raised expectations surrounding the potential outcome of the case, particularly given that Gascón has promoted progressive reforms in the criminal justice system, including the review of sentences in controversial cases like that of the Menéndez brothers. Hochman, on the other hand, has been critical of some of Gascón's policies, adding uncertainty about how he might handle the case once he takes office.

The new hearing date will be crucial as arguments from the defense will be reviewed. The defense maintains that the brothers have shown significant rehabilitation after more than 30 years in prison.

The Menéndez brothers' attorney, Mark Geragos, stated outside the court that it was impactful and significant to hear the family—and even the brothers themselves—plead for an eventual and timely release.

Geragos also expressed hope, saying that by late January 2025, if everything goes as expected, the family could look forward to the brothers' release. Their aunt, Joan, said outside the court, "They never should have been in prison this long."

Joan VanderMolen, menendez brothers aunt
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The Importance of the Hearing

November 25 had been expected to mark a pivotal date in the legal saga of Erik and Lyle Menéndez. This court hearing would not only have revisited their life sentences without the possibility of parole, imposed in 1996, but would also have determined whether the new arguments presented by the defense justify a potential sentence reduction—or even their release.

The Menéndez case has garnered renewed public interest following the release of Netflix's documentary series "Monsters: The Story of Lyle and Erik Menéndez." This media spotlight, combined with growing social pressure and the support of public figures like Kim Kardashian, led Los Angeles District Attorney George Gascón to request a resentencing hearing for both brothers.

Despite the delay, the process is moving forward. In January, the court will review the defense's request, which is partly based on allegations of physical, emotional, and sexual abuse suffered by the brothers at the hands of their father, José Menéndez—allegations that, according to their attorneys, were not adequately considered during the original trials. Additionally, changes in California laws regarding sentencing for minors involved in violent crimes could also play a significant role.

Arguments from the Defense

The Menéndez brothers' defense team has highlighted several factors that could shift the outcome in their favor:

  • Transformation in Prison: During their incarceration, Erik and Lyle have shown significant changes in their behavior. Both have earned college degrees and developed programs to support the well-being of other inmates. For example, Erik completed a certificate in American Sign Language and led initiatives to rehabilitate inmates with mental health issues. Lyle, meanwhile, created educational programs and an internal newsletter to improve communication between inmates and prison authorities.
  • New Evidence: The defense has cited new evidence supporting allegations of abuse. This includes testimonies from family and friends that have emerged in recent years, as well as the review of pretrial recordings in which the brothers detail the abuse they endured.
  • Legislative Changes: California's legal reforms on sentencing for minors could benefit the Menéndez brothers. Although they were 18 and 21 at the time of the crime, their attorneys argue that the context of abuse and trauma should be considered under these new regulations.

What Could Happen at the Hearing?

At the upcoming court date, the judge will evaluate these arguments alongside the brothers' prison records. Three possible outcomes exist:

  1. Upholding the Sentences: If the judge determines there is insufficient reason to alter the original sentences, the brothers will remain in prison under the same conditions.
  2. Resentencing: The judge could decide to reduce their life sentences to specific terms, allowing for the possibility of parole.
  3. Immediate Release: In a rare scenario, the judge could order the brothers' release if it is determined that their time served has been sufficient given the case's context.

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