‘Huge sigh of relief.' Family speaks on latest developments in Menendez brothers case

Family members of Lyle and Erik Menendez spoke Thursday on recent developments in the brothers' pursuit of freedom after decades in prison for the murders of their parents in the family's Beverly Hills mansion.

The family members, who are part of the Justice for Erik and Lyle Coalition, spoke during an online news conference about two significant announcements within the past week from Gov. Gavin Newsom and Los Angeles County District Attorney Nathan Hochman.

The news conference came a day after Newsom ordered the start of an investigation into whether Lyle, 57, and Erik, 54, Menendez pose a public safety risk. The move announced Wednesday is part of the ongoing process to determine whether the brothers will be released from prison, where they are serving life sentences for the shotgun murders of their parents.

"I was thrilled," Anamaria Baralt, niece of Jose Menendez, said Thursday. "The beginning of the meeting was, 'We're not granting clemency, so keep your expectations in check.' There were some caveats. This is a very rigorous process that we're going to go through.

"For us, it is a huge sigh of relief that someone in a seat of power is paying attention to what we have seen up close since Erik and Lyle have been incarcerated. We have seen their rehabilitation. Erik and Lyle have changed countless lives since their conviction in 1996. Inmates have seen it, corrections officers have seen it and now we need the entire criminal justice system to see it."

The risk assessment, conducted by public safety and forensic psychology experts, is typical procedure in cases involving prisoners up for parole. The Menendez brothers have not been recommended for parole, but Newsom said the risk assessment was started to provide transparency and more information before any next steps.

The findings will be made available to the judge presiding in the resentencing motion and the LA County prosecutor's office, Newsom said. It was not immediately clear when the risk assessment will be complete, but the brothers' resentencing hearing is scheduled for March 20 and 21.

That analysis usually includes what led a person to commit the crime, their behavior in prison and whether they are likely to repeat the offense.

If, eventually, the brothers were recommended for parole by the state board, the matter would be placed before the governor for a final decision. The parole process involves several steps before reaching that point and offers one legal avenue toward freedom for Lyle and Erik Menendez, convicted in 1996 of the murders of their parents in 1989.

Newsom weighed in on the case after Hochman made clear on Friday his opposition to a new trial for Lyle and Erik Menendez. On Monday, Hochman said that he is still deciding on resentencing.

In a lengthy news conference Friday, Hochman said that his office will oppose a motion by defense attorneys seeking a new trial for the brothers and released a video from his office detailing the legal avenues in the decades-old case.

Menendez cousin Tamara Goodell said the family was discouraged by the new LA County prosecutor's announcement after his predecessor, George Gascón, kickstarted the process of resentencing last year.

"Gascón seemed much more open to a modern thought process of where the law is today," Goodell said Thursday. "What does compassion look like?

"Very honestly, what we heard from the LA DA's office felt very disparaging. It felt like a continuation of the narrative form 1989."

A new trial, requested in a habeas petition before the court, was just one of the paths that could eventually lead to the brother's release from prison. A resentencing recommendation by the court would then go to the state parole board. If approved by the board, the decision would go to Gov. Newsom, who would have 120 days affirm, reverse or modify the recommendation.

Hochman said his position on re-sentencing will take into account allegations of sexual abuse by Jose Menendez because California law requires such consideration.

Re-sentencing is separate from the writ of habeas corpus Hochman addressed at Friday's news conference. The habeus petition seeks to challenge the legitimacy of the convictions and life sentences for the murders.

The brothers' attorneys argued in the petition that they had new evidence to present related to allegations that the brothers' father sexually abused Erik Menendez. At Friday's news conference, Hochman cast doubt on the evidence of abuse and said it was not pertinent to the case.

“Sexual abuse in this situation may have been a motivation for Erik and Lyle to do what they did, but it does not constitute self-defense,” Hochman said.

He also characterized the brothers' own testimony of sexual abuse as untrustworthy, saying they presented different explanations for why they killed their parents.

Hochman also announced the release of a video from the officer titled, "The Anatomy of the Menendez Case." He said the video provides "insight into the workings of the criminal justice system, using the Menendez case as a framework to explain legal proceedings."

Hochman said Monday he went before cameras Friday and released the DA's office video, in part, because the Menendez case is a teachable moment about the country's justice system.

"If it's the Menendez case that got people interested the criminal justice system, that's great," he said. "I hope they learn as much as they can about this case, but don't stop with this case. There are criminal cases going on every single day in the county, across this state and across this nation. I certainly encourage everyone to get involved in the criminal justice process."

Resentencing was placed on the table in October when then-Los Angeles County District Attorney Gascón formally recommended that the brothers, who remain in prison, be resentenced for the 1989 murders. In 1996, after two trials in 1993 and 1995, the brothers were convicted by a jury of first-degree murder and sentenced to life in prison without the possibility of parole. They have both served approximately 35 years in custody.

Hochman, who defeated the incumbent in the November election, said he would need time to review the case before moving forward on re-sentencing.

A hearing was held in November at the Van Nuys Courthouse to discuss the next steps in the petition for a new sentence. The brothers could be heard, but not seen, on a feed from a San Diego prison.

They were expected to appear on a video feed, but technical problems prevented them from being seen together in court for the first time in decades.

The judge granted additional time for Hochman, who took office on Dec. 2, to review the case and related trial documents.