Menendez brothers resentencing hearing to move forward next week

Menendez Brothers have resentencing next week

Lawyers for Erik and Lyle Menendez withdrew their motion to remove the Los Angeles County District Attorney's Office from the case. The Menendez brothers' resentencing hearing will be next week.

LOS ANGELES - The Menendez brothers' resentencing hearing will move forward next week. 

This comes after the attorney of Erik and Lyle Menedez withdrew a motion filed last month to remove Los Angeles prosecutors from their case, aiming to expedite the process for their potential release.

What we know:

Superior Court Judge Michael Jesic scheduled the hearing on the defense re-sentencing motion to be held next Tuesday and Wednesday.

Attorneys for Erik Menendez, 54, and his older brother, Lyle, now 57, contended in a recent court filing that "absent recusal (of the District Attorney's Office), a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair treatment through all related proceedings."

In a court filing this week, Assistant Head Deputy Habib Balian and Deputy District Attorneys Seth Carmack and Ethan Milius countered, "In this case, there is absolutely no evidence or articulable explanation for any impermissible bias, let alone a conflict of interest."

But in court Friday, the brothers' defense team dropped its bid to have the DA's office removed from the case, saying they did not want any more delays in the re-sentencing hearing.

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LA County DA Nathan Hochman again asked Jesic to withdraw an earlier prosecution motion that was filed under previous DA George Gascón's administration in support of the brothers being re-sentenced. The judge again denied that request, saying that "nothing's really changed."

Hochman — who spoke on behalf of the prosecution for the bulk of the hearing — opposes re-sentencing for the brothers, arguing they have not "accepted complete responsibility for their actions." He maintained in court that his decision was not based on a "political whim."

"... Right now, they are not in a position where we would advocate for re-sentencing," Hochman told the judge.

Geragos argued that the district attorney presented information in court about a recently completed psychological assessment of the brothers "in violation of the rules and regulations." He called Hochman's courtroom presentation a "dog and pony show," and cited what he called "extraordinary rehabilitation" by the brothers.

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. 

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.

What's next:

The brothers' resentencing hearing is scheduled for Tuesday and Wednesday. 

The Menendez brothers await the results of a state parole board risk assessment, which will impact Governor Gavin Newsom's decision on clemency.

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

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The final hearing is scheduled for June 13, determining the brothers' future and potential release.