Menendez brothers resentencing hearing postponed

A motions hearing is scheduled for May 9 after a judge Thursday postponed the resentencing hearing for Lyle and Erik Menendez.

Judge Michael Jesic said the motions -- one to recuse the LA County District Attorney's Office from the case and another on whether a comprehensive risk assessment report on the brothers is admissible as part of the resentencing hearing -- need to be addressed before the hearing can move forward.

The court session for Thursday has ended with proceedings scheduled for Friday called off. Attorneys and the judge plan to meet May 9 to discuss next steps after what was expected to be a two-day resentencing hearing was called off.

Just as they have at past hearings, the brothers are appearing from prison via video feed in the courtroom. They are serving life sentences without the possibility of parole at Richard J. Donovan Correctional Facility near San Diego.

All attorneys have returned to the courtroom in Van Nuys. It was not immediately clear when the hearing will resume.

Part of report ordered by Gov. Gavin Newsom that was not intended for this week's resentencing hearing quickly took center stage in the courtroom. Prosecutors said they've seen the report, which was ordered for a separate June 13 parole board hearing. Neither the judge nor the brothers' attorneys had seen the governor's report, leading the judge to call a recess to review the matter.

Newsom ordered the risk assessment, an investigation into whether Lyle and Erik Menendez pose a public safety risk, in late February. 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 analysis usually includes what led a person to commit the crime, their behavior in prison and whether they are likely to repeat the offense.

The governor's office told NBCLA Wednesday that the comprehensive risk assessment is not complete and it remains ongoing.

NBC4's Eric Leonard explains why the judge stopped proceedings not long after they began in a Van Nuys courtroom. Court was expected to remain in recess until 1:30 p.m.

Speaking during a court recess, attorney Mark Geragos told reporters that the district attorney's office has "jumped the shark."

Geragos expressed frustration over District Attorney Nathan Hochman's comments outside of the courthouse prior to Thursday's proceedings. Geragos said he is "very close to filing a motion to recuse the DA."

"This is another in a series of the DA's office abdicating their role," Geragos said. "They have… I will say it again, they have jumped the shark."

Judge Michael Jesic placed the hearing on hold to clear up confusion and address frustrations over the comprehensive risk assessment report at the heart of the district attorney's request made Wednesday night for a delay.

The report, prepared as part of a process initiated by Gov. Gavin Newsom to determine whether the brothers would pose a threat to the public if they're released, was provided to prosecutors and the judge was notified he could read it.

The report was not shared with the defense, which attorney Mark Geragos called unfair.

If nothing changes after this week's proceedings, the brothers still have two paths to freedom.

They submitted a clemency plea to California Gov. Gavin Newsom, who ordered the state parole board to assess whether the brothers could pose a public risk if released. The risk-assessment process is standard practice in parole cases and used to determine whether an inmate poses a threat to public safety if they were released.

The brothers also submitted a petition for habeas corpus in May 2023 asking the court to grant them a new trial in light of new evidence presented. Hochman's office also filed a motion opposing the petition.

Court will be in recess until 1:30 p.m.

The judge will hear arguments Thursday and Friday, but said there will be no decision on resentencing in the next two days.

The hearing got underway later than expected with attorney Mark Geragos criticizing District Attorney Nathan Hochman over the prosecution's request to delay the proceeding. He said some family members flew to Southern California for the hearing, only to learn that in might be postponed due to the request made late Wednesday.

The hearing was expected to begin at 9:30 a.m.

A little more than a dozen lottery tickets were given for public seats in the courtroom. A deputy called out numbers, identifying the recipients outside the courthouse.

There are 16 seats available in the lottery and some are for standby seats. Those who are selected for a public seat will be given badges that must be worn at all times in the courthouse. The badge will be valid only for the date issued.

Thursday's hearing marks the latest chapter in a three-decade-old case that included two trials that resulted in sentences of life without the possibility of parole for Lyle and Erik Menendez.

Here’s a timeline of how the Menendez brothers’ saga unfolded over the years.

LA County's top prosecutor arrived at the courthouse around 9 a.m.

DA Nathan Hochman told reporters the hearing will proceed and his office wants all the facts presented as he walked into the west San Fernando Valley building.

The DA filed a motion to delay the hearing Wednesday night. It was not immediately clear how that will impact the start of Thursday's hearing.

Attorney Mark Geragos told reporters outside the Van Nuys courthouse that he does not expect the judge to grant the motion to delay proceedings.

"I do, however, think that it's appalling, for lack of a better term, how the DA has treated this case," Geragos added. "There are people in this courtroom, or will be in this courtroom, that have been following these proceedings, that have lived this case for 35 years. They're the victims. They have the unique situation of both being victims in this case and relatives of the defendants. Apparently, the DA has said he gets a constitutional hall pass from the doing anything regarding those victims, supporting those victims, notifying those victims, or anything else."

The location of Thursday's hearing is at the Van Nuys Courthouse West, located in Los Angeles' San Fernando Valley. No cameras will be allowed inside for the hearing.