Menendez Brothers: Members of public can participate in lottery to obtain seat in courtroom

Menendez Brothers hearing to be open to the public

The Menendez Brothers are scheduled to have a hearing next week. Some of those seats will be available to the public through the lottery.

LOS ANGELES - The highly anticipated court hearing for the Menendez brothers on Monday will allow limited public attendance, with just 16 courtroom seats available through a lottery. The lottery will be held outside the Van Nuys courthouse that morning.

The brothers' defense attorney Mark Geragos confirmed that Lyle and Erik Menendez are unlikely to appear in person and will likely attend virtually via WebEx. Monday’s status hearing is expected to confirm details for the resentencing hearing scheduled for December 11.

Menendez brothers clemency decision on hold

Governor Gavin Newsom is postponing a clemency decision for Lyle and Erik Menendez until incoming LA County DA Nathan Hochman reviews the case.

Geragos also mentioned the possibility of calling a witness due to concerns over her age. "We may also talk about the recall of the sentence and plot out what the hearing itself will look like," he said.

While Monday’s hearing may not lead to major developments, Geragos acknowledged the importance of the December 11 resentencing hearing. "It’s always been my fervent hope to get them home for Thanksgiving," Geragos said.

He added that one of their supporters, Kitty Menendez’s sister Joan, turns 93 next week and has been advocating for their release.

Menendez Brothers hearing public lottery

The hearing is scheduled for Monday, Nov. 25 at 10:30 a.m. in Department S on the ninth floor of Van Nuys Courthouse West at 14400 Erwin St. in Van Nuys.

The court will conduct a public lottery for 16 public seats in the courtroom between 9 to 9:30 a.m. on Monday, Nov. 25 in front of Van Nuys Courthouse West.

RELATED:

Menendez Bros Resentencing: Robert Rand reacts

Erik and Lyle Menendez could be resentenced, as Los Angeles County District Attorney George Gascón would recommend that to the court. Journalist Robert Rand, who covered the case back then, speaks out about Gascón's announcement and his thoughts on the case.

Lottery tickets will be distributed from 8 to 9 a.m. The lottery will begin at 9:30 a.m. Winners will be issued badges which must be worn at all times in the courthouse. The badge is valid only for that date.

The winning tickets are non-transferrable. Two additional standby seat tickets will be drawn, however, standby tickets do not guarantee a seat in the courtroom, court officials said in a statement,

Proceedings are scheduled to begin at 10:30 a.m.

Seat holders must be on time for the start of the hearing, or they could potentially risk losing their seat.

Court rules

• No photography, video or recording is allowed in any courtroom or courthouse hallway or lobby at any time, including the use of cellphone to capture pictures, video and audio recordings.

• Cellphones must be off and kept out of sight. Seat holders will be required to put their cellphones in a locked pouch provided by the Court prior to entry to the department.

• There is no eating, drinking or chewing gum allowed in the courtroom.

• Members of the public are also instructed to follow the Court's General Order 2023-GEN-005-00 on Expressive Activity which restricts demonstrations, distributions, solicitation and other expressive forms of activity both inside courthouses and near courthouse entrances.

Latest developments in the case

The incoming Los Angeles County District Attorney Nathan Hochman recently discussed the Menendez brothers’ case, stating that clemency from Governor Gavin Newsom would be the most plausible way for their release before Thanksgiving. Newsom has deferred the matter to Hochman, who has expressed a need to review all the evidence.

Geragos said he hasn’t spoken to Hochman yet but believes the incoming DA will approach the case thoughtfully. "He said he wants to speak to the prosecutors who tried the case, the defense lawyers, and the victims’ families," Geragos said.

He noted that more than 30 family members on both sides of the Menendez case have signed a petition supporting the brothers’ release.

Looking ahead to December 11, Geragos said the resentencing hearing could be decisive.

"The judge could re-sentence them to manslaughter, which means they could walk free that day," he said. "Alternatively, the judge could decide to keep them in custody."

Other developments include a separate habeas response due on November 26, which coincides with Joan Menendez’s birthday. That proceeding will challenge the brothers’ convictions. Additionally, Governor Newsom has the authority to issue a pardon or commutation at any time.

Geragos expressed hope for his clients’ release. "I don’t think anybody who looks at the correctional files and sees what’s happened over 35 years can come away with any conclusion other than that it’s time for them to be released."