Menendez brothers resentencing hearing underway: What to know
LOS ANGELES - The much-anticipated Menendez brothers' resentencing hearing began Tuesday.
The judge will hear arguments on the crucial question: Have Erik and Lyle Menendez been rehabilitated during 30 years in prison?
What we know:
On Tuesday, the defense called on seven family members, two experts, one jail volunteer, and one former inmate to testify at the hearing.
Most of the extended Menendez family have said they fully forgive the brothers for what they did and want them to be freed.
Menendez brothers' resentencing hearing underway
Relatives and experts — and possibly Erik and Lyle themselves — will testify about the Menendez brothers’ level of rehabilitation after 35 years in prison.
The hearing, scheduled for Tuesday and Wednesday, comes just days after the attorney of Erik and Lyle withdrew a motion filed last month to remove Los Angeles prosecutors from their case, aiming to expedite the process for their potential release.
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The brothers are attending the hearing via Zoom.
During Friday's hearing, Judge Michael Jesic ruled he would take some information from the California Board of Parole's newly-completed Comprehensive Risk Assessment (CRA) into account, but noted it is preliminary.
The risk assessment comes after Gov. Gavin Newsom requested it as part of the Menendez brothers' bid for clemency.
Dig deeper:
LA County District Attorney Nathan Hochman shared the findings from each CRA report on Friday. The reports are done by state psychologists from the state parole office, who determine the overall risk assessment of likelihood to commit violence after the release of both brothers.
According to Hochman, the reports said the brothers had recently broken prison rules by smuggling cellphones inside, which he argued demonstrated an inability to regulate their own behavior.
The report came to the conclusion that they were "moderately more likely" to engage in violence in the community, Hochman said.
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In Lyle's report, Hochman said he "downplayed his rule-breaking" and that his report showed his "entitlement and willingness to meet his own needs."
Hochman added that he should have been on his best behavior since his resentencing was on the table.
Instead, Hochman said, he proved that "he is more likely to do whatever it takes to meet his own needs and has narcissistic tendencies."
As for Erik's report, Hochman said it revealed "he has behavior issues and lacks maturity." He added that Erik is also vulnerable to negative influence of others- including his brother.
He also referenced incidents as recent as January 2025 of Erik being flagged for possessing and dealing drugs, as well as helping other inmates with tax fraud.
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While parts of the risk assessment were disclosed in court Friday that could be unfavorable to the brothers’ case, Geragos emphasized they were only one component of the parole board’s evaluation, not meant to be made public and could still change.
The backstory:
The brothers 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.
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, eight months before the August 1989 killings, and recent allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, that he too was sexually abused by Jose Menendez as a teenager.
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Interest in the case surged following the release of a recent Netflix documentary and dramatic series.
DA Opposition:
Former Los Angeles County District Attorney George Gascón supported the re-sentencing. However, Hochman does not support it, arguing they have not "accepted complete responsibility for their actions."
"... Right now, they are not in a position where we would advocate for re-sentencing," Hochman told the judge on Friday.
He’s argued the brothers have not taken full responsibility for their crimes because they have not admitted to lies told during their trials.
In March, Hochman reversed his office’s support for the brothers’ resentencing, saying they have not admitted to lies told during their trial about why they killed their parents, or that they asked their friends to lie for them in court.
Hochman’s office has also said it does not believe that the brothers were sexually abused by their father and that by speaking about their childhood abuse, they have not taken complete responsibility for the crime.
What's next:
If the brothers are resentenced, they could become immediately eligible for parole. The state parole board would ultimately rule on whether to release them from prison.
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The Menendez brothers are still waiting for the full results of a state parole board risk assessment ordered by Newsom ’s office. The final hearing, scheduled for June 13, will influence whether Newsom grants the brothers clemency.
The Source: Information for this story is from previous FOX 11 reports. FOX News and the Associated Press contributed.