Menendez brothers resentencing hearing postponed

Menendez Brothers' resentencing delayed again

The Menendez Brothers' resentencing has been delayed again. Mark Geragos, attorney for the brothers, is requesting Los Angeles County District Nathan Hochman be removed from the case.

LOS ANGELES - A re-sentencing hearing for the Menendez brothers, convicted of the 1989 murders of their parents, has been postponed indefinitely.

Los Angeles Superior Court Judge Michael Jesic scheduled a May 9 motions hearing, when attorneys will discuss the admissibility of a state parole board risk-assessment report. 

Defense attorney Mark Geragos is also expected to file a motion seeking to recuse the District Attorney's Office from the Menendez case, and that motion would also be discussed at the May 9 hearing. 

No new dates in the case have been set. Friday's previously scheduled hearing on the re-sentencing proposal has also been canceled. 

The backstory:

Erik and Lyle Menendez are serving life sentences without parole for the murder of their parents, Jose and Mary Louise "Kitty" Menendez, in 1989. 

The re-sentencing hearing aims to reconsider their sentences, with the brothers claiming the killings were a result of years of abuse. 

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Prosecutors maintain the murders were premeditated and oppose their release.

At the hearing last week, the judge rejected a bid by the District Attorney's Office to withdraw an earlier motion by prior District Attorney George Gascón supporting resentencing for the two. Hochman opposes the brothers' release from prison.

Hochman filed a last-minute motion Wednesday night to delay the hearing, citing the parole board's completion of a risk assessment report ordered by Gov. Gavin Newsom.

Timeline:

The re-sentencing hearing began Thursday and after recess the judge postponed the hearing until further notice. 

Earlier in the morning, witnesses were delayed from taking the stand.

Judge Jesic called an early recess until after lunch to determine whether the assessment, carried out for use at a parole board hearing in June, would remain confidential or whether it was legally permissible for him to use.

Jesic proposed that the Los Angeles County District Attorney's Office, which apparently has a copy of the report, refrain from using any of the information at this juncture.

The Menendez brothers' attorney, Mark Geragos, called for a 17-day continuance, arguing that the information in the report could unfairly taint the evaluation of whether the brothers should receive a new sentence.

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What they're saying:

Attorney Mark Geragos stated, "They've waited a long time to get some justice," emphasizing the brothers' positive contributions during their imprisonment. District Attorney Nathan Hochman insists the Menendez brothers pose a risk to public safety, stating, "These murders were calculated, premeditated, cold-blooded killings."

SUGGESTED: Menendez brothers: LA DA speaks out ahead of resentencing hearing

Big picture view:

The Menendez case has gained renewed interest following a Netflix documentary and series. 

SUGGESTED: Menendez brothers: Prosecutors who support resentencing sue LA County, Hochman

Attorneys for the brothers presented new evidence of alleged abuse, including a letter from Erik Menendez and allegations by Roy Rosselló, a former Menudo member, claiming abuse by Jose Menendez.

What's next:

State parole boards will conduct hearings for the brothers on June 13, with reports sent to Governor Gavin Newsom for clemency consideration.