About two dozen people gathered early Monday outside a Van Nuys courthouse in hopes of being one of the 16 people allowed to attend the first court appearance in years by Erik and Lyle Menendez.
The hearing that generated such high interest at the same courthouse where the brothers were convicted in 1995 for the shotgun murders of their parents was a status conference. The conferences typically involve basic housekeeping matters for the court, such as scheduling, that draw little interest from the press and public.
But the presence of the key figures at the center of the high-profile Los Angeles murder case made this status conference unlike most others. Seats for the 10:30 a.m. PT proceeding, which marked the first time the brothers have appeared together in court in decades, were opened to the public through a lottery system.
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Enthusiastic case watchers gathered outside the high-rise court building alongside members of the media from around the world. The 16 lottery tickets were issued about two hours before the hearing was scheduled to start. A deputy shouted out the lottery winners in front of the San Fernando Valley courthouse and issued each person a ticket. Winners were given badges that had to be worn at all times.
Christian Garcia belted out a cheer when his number was the last to be drawn to watch the hearing with the brothers appearing on a video feed from a San Diego prison.
"As a survivor from sexual assault, I feel people can get second chances," Garcia said. "I know that what they did was wrong, but then there's people like Kim Kardashian and other celebrities behind that, that are backing this up. That's why I'm here today."
Emily Daura said she was hoping to be there to see the brothers released, a matter likely to be settled at a later date.
"I feel like I grew up with this case, just living in the area," said Daura. "You really want to see positive news."
No photography, video or recording was allowed in any courtroom, courthouse hallway or lobby. That included cell phones, which had to be turned off and placed in a locked pouch before entering court. A sketch artist was assigned to the courtroom.
The Menendez brothers, serving life sentences without parole for the 1989 shotgun slayings of their parents in their Beverly Hills mansion, and their murder case has received new attention following Netflix's release of "Monsters: The Lyle and Erik Menendez Story." A recommendation from Los Angeles County District Attorney George Gascón that their sentences be shortened raised the stakes around any court proceeding involving the brothers.
Most of those in line Monday for the lottery drawing told NBCLA they've see the Netflix program and believe the brothers should be released from prison, where they have served 35 years of their life sentences.
Several pointed to new evidence in the case, including a letter Erik Menendez wrote in 1988 to his uncle Andy Cano, describing sexual abuse by his father. More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward saying he had been drugged and raped by Jose Menendez when he was a teen. Menudo was signed under RCA Records, where Jose Menendez was chief operating officer.
The two pieces of evidence were not available during the brothers' trial, which allowed prosecutors to argue there was no corroboration of sexual abuse.
"You have to look at all of the evidence available," said courtroom lottery winner Ashtyn Liston. "That was 30 years ago. That was before we had our current understanding of what that kind of abuse does to people. They had to take out a lot of evidence to get a jury to agree."
If a judge eventually agrees on re-sentencing with the outgoing district attorney, who was defeated in the November election, the brothers could be eligible for immediate parole. The re-sentencing hearing, one legal avenue to the brothers' release, was rescheduled Monday from Dec. 11 to late January.
Gascón was voted out of office earlier this month in favor of Nathan Hochman, a former federal prosecutor and Assistant U.S. Attorney General. Hochman will likely seek a delay in the re-sentencing case at the December hearing as he seeks to review facts and evidence in the decades-old case, multiple sources close to the DA-elect told NBCLA.
The Menendez brothers case will be part of a second court proceeding Tuesday to discuss the 2023 petition for a writ of habeas corpus that claims their convictions and prison sentences are unconstitutional in light of what they said is newly uncovered evidence of childhood sexual abuse by their father. Tuesday is the deadline for the district attorney to respond to the habeas petition.
Gov. Gavin Newsom has said he will not consider clemency until the DA reviews the case.
Geragos said the brothers remain optimistic as the legal process plays out around them.
"I speak with them quite often actually," Geragos said. "The attitude is, it's been a roller coaster of emotion, to borrow a cliché. We've had all kinds of ups and downs."
