The Menendez brothers’ request to challenge the validity of their murder convictions and their life-without-parole prison sentence is expected to be heard at a Van Nuys courtroom Monday morning.
Erik and Lyle Menendez are serving sentences of life without the possibility of parole for the 1989 shotgun murders of their parents in Beverly Hills, and in a separate legal proceeding they have requested that their sentences be reduced.
Monday’s status conference will address where the proceedings stand, attorneys said.
Tuesday, the court set a deadline for the LA County District Attorney's Office to respond to the brothers’ 2023 petition for a writ of habeas corpus, which claims their convictions and prison sentences are unconstitutional in light of, what they claim, is newly uncovered evidence that the brothers were the victims of childhood sexual abuse by their father, Jose Menendez.
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Both issues could be addressed during the court appearance.
The habeas petition filed by the brothers says that testimony about the alleged abuse was wrongfully barred from their second trial, when they were convicted and sentenced.
It's not clear the brothers, who are now both in their 50s now, will attend the hearing in person in the Van Nuys Courthouse or remotely join from their San Diego prison.
Members of the public may be able to attend Monday’s hearing though there will be limited seating.
The Los Angeles County Superior Court will conduct a public lottery for 16 public seats between 9 and 9:30 a.m. Monday in from the Van Nuys Courthouse West after lottery tickets are distributed between 8 and 9 a.m.
Here’s what to know to participate in the lottery.
- The winning tickets are not transferable.
- Lottery winners must be on time for the start of the hearing at 10:30 a.m.
- No photography, video or recording is allowed in the courtroom.
- Cellphones must be off and put away.
- No eating, drinking or chewing gum will be allowed
A separate hearing is scheduled for Dec. 11 but may be delayed to address the brothers’ request to be resentenced to terms of life with the possibility of parole, which, if granted, would make them immediately eligible for a parole hearing and potential release.
Outgoing LA County District Attorney George Gascón announced last month he supports the resentencing request, but DA-elect Nathan Hochman, who will have been sworn in to office Dec. 2, told NBCLA he will need time to review the case before making a decision on how to proceed.
Other officials familiar with the proceedings said there was a good chance the resentencing hearing will be delayed.
