'35 years is enough': Menendez brothers' family members testify in court

Erik and Lyle Menendez win re-sentencing bids

After 30+ years behind bars, Erik and Lyle Menendez have won their re-sentencing bids.

LOS ANGELES - UPDATE: Judge Michael Jesic has resentenced the brothers to 50 years to life, making them eligible for parole.

Roughly two years after an effort began to have Erik and Lyle Menendez released from prison, a re-sentencing hearing began Tuesday at the Van Nuys courthouse.

Family members of the brothers testified that if set free, they would pose no future risk and could inspire people with their good deeds.

The backstory:

Erik and Lyle were sentenced to life without the possibility of parole for the Aug. 20, 1989, killings of their parents, Jose and Kitty Menendez, in their Beverly Hills home. They've served 35 years of their sentence.

The Menendez brothers claim the killings were committed after years of abuse, including alleged sexual abuse by their father.

Menendez brothers' resentencing hearing underway [PREV. COVERAGE]

Relatives and experts — and possibly Erik and Lyle themselves — will testify about the Menendez brothers’ level of rehabilitation after 35 years in prison.

Family testifies in court

What we know:

During the morning session Tuesday, three Menendez family members were called to the stand by the defense to try and convince the judge that the brothers had shown remorse and had great insight into their crimes.

The first witness, Erik and Lyle Menendez's cousin Anamaria Baralt, was adamant that the brothers had earned their chance at freedom.

"We believe that 35 years is enough. They are universally forgiven by our family. They deserve a second chance at life," Baralt said in court.

She added that the family has suffered from the "relentless attention" the case has stirred up.

"It's been torture for decades to live this out in the public eye," she said weeping. "To be the butt of every joke on SNL ("Saturday Night Live") since (the trial) happened.

The cousin spoke harshly about "the narrative that they have not completely taken accountability (for their crimes). They feel terrible about it." Baralt cried as she explained the never-ending trauma of being family to both the victims and their murderers.

Family members testified that if released, the brothers would assume roles as advocates for victims of childhood sexual trauma, which the brothers contend they are victims of. While behind bars, Baralt said, Erik and Lyle Menendez have been involved in rehabilitation projects for inmates and hospice services.

Menendez brothers resentencing hearing begins

Resentencing hearings for Erik and Lyle Menendez are scheduled for Tuesday and Wednesday.

"They are incredible people," she told the court. "The work they have done has been inspiring and I hope they have a chance to inspire the world. ... They are not the same people they were 35 years ago."

Another cousin, Tamara Goodell, testified that the brothers "have made every possible effort to rehabilitate themselves. ... They now see the world through 35 years of healing. They have created careers for themselves in prison."

Another witness, Diane Hernandez, the niece of Kitty Menendez, called them "remarkable human beings. There is absolutely no chance that they would break the law (if released). Their only desire is to do good." She described the possibility of her cousins being released as a ‘miracle.’

The brothers joined the hearing remotely via Zoom from their San Diego prison.

Evidence in the case

Dig deeper:

In October, then-LA County DA George Gascón announced he was in favor of the brothers being re-sentenced. Since they were under 26 at the time of the murders, they could be eligible for parole through the state's youthful offender law.

Gascón also cited new evidence about the father's alleged abusive behavior as additional factors in support of new sentences. However, recently elected DA Nathan Hochman, said he was not in support of re-sentencing and promised to re-examine the case. Hochman contends the brothers have not shown "insight" into their crimes during their years of incarceration and continue to lie about the alleged abuse.

In a 2023 court petition, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers' allegations of long-term sexual abuse at the hands of their father -- a letter allegedly written by Erik Menendez to his cousin Andy Cano in early 1989 or late 1988, and recent allegations by Roy Rosselló, a former member of the boy band Menudo, that he too was sexually abused by Jose Menendez as a teenager.

Prosecutors allege the murders were carried out due to greed, to acquire their parents' money.

Defense attorneys are hoping to win a reduced sentence for the brothers, possibly allowing them to either be released immediately or at least be eligible for parole consideration.

Meanwhile, state parole boards are set to conduct separate hearings June 13 for the brothers, then send their reports to Gov. Gavin Newsom to help him decide whether the two should receive clemency.

Superior Court Judge Michael Jesic said prior to the start of the hearing Tuesday that he had not determined if the Menendez brothers should be re-sentenced at all.

What's next:

The hearing is expected to last two days at the Van Nuys Courthouse.

Menendez Brothers Van Nuys