Menendez Brothers’ Resentencing Delayed to January as Judge Reviews ‘17 Boxes’ of Evidence.
Lyle and Erik Menendez will have to wait until the New Year to learn about their potential release from prison, as a judge has postponed their resentencing hearing to January. During a preliminary hearing on November 25 at the Van Nuys Courthouse West in Los Angeles, Judge Michael Jesic mentioned that he needed more time to go through “17 boxes” of evidence.
Consequently, the hearing originally set for December 11 has been moved to January 30 and 31. The brothers, who are currently serving life sentences for the 1989 murders of their parents, Jose and Kitty, did not appear virtually as was expected.
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This delay comes just a day before the Los Angeles County District Attorney’s Office was due to respond to the Menendez brothers’ habeas corpus petition, which includes evidence supporting their long-held claims of sexual abuse by their father.
A representative for the brothers’ attorney, Mark Geragos, reportedly stated that it is unlikely a resolution for the habeas corpus petition will be reached before the January dates. The court did hear from some of the brothers’ older family members, including Joan VanderMolen, Kitty’s sister, who is in favor of Lyle and Erik’s possible release. Lyle and Erik were sentenced to life without the possibility of parole after being convicted of murder in 1996, following two trials, the first of which ended in a mistrial. The case has consistently drawn national attention, which has been reignited by the recent releases of a Netflix documentary and a scripted series.
Los Angeles County District Attorney George Gascón has previously stated that he would suggest the brothers be resentenced to a term of 50 years to life, making them eligible for parole right away. Gascón also expressed his support for their clemency request directed to California Governor Gavin Newsom.
However, the governor has indicated that he will wait for the recommendation from district attorney-elect Nathan Hochman, who won against Gascón in the November election, before making a decision regarding clemency. The habeas corpus petition includes a letter from Erik to a cousin prior to the murder, mentioning alleged abuse by Jose.
Additionally, it features an affidavit from former Menudo member Roy Rosselló, who has claimed he was raped by Jose.
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The postponement of the Menendez brothers’ resentencing hearing to January 30-31, 2024, underscores critical questions about the rights of prisoners to a fair review of their cases. Judge Michael Jesic delayed the proceedings to carefully examine extensive evidence, including materials supporting the brothers’ claims of long-term sexual abuse by their father, Jose Menendez.
Advocates argue that Lyle and Erik, who were convicted in 1996, deserve the opportunity to present new evidence and receive a fair reevaluation of their sentences. With clemency and parole eligibility on the table, this case highlights broader issues of justice, rehabilitation, and the reconsideration of life sentences.