A Los Angeles judge Friday denied prosecutor's request to withdraw the resentencing recommendation for Lyle and Erik Menendez, allowing the brothers to move forward with their effort to be resentenced and possibly released from prison.
Mark Geragos, the brothers' defense attorney, spoke outside the Van Nuys courtroom following the hearing, saying it was a "good day."
"Justice won over politics. It's been a long time coming for anybody who's been in the courtroom," Geragos said while thanking Judge Michael Jesic. "This is probably the biggest day since (the brothers) have been in custody."
Lyle Menendez also shared on Facebook account, which is managed by his family as California inmates do not have access to social media, celebrated the courtroom victory.
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"Onward to next week," the elder Menendez brother said.
The brothers' family members also slammed District Attorney Nathan Hochman for "retraumatizing them" by asking for the withdrawal of the resentencing recommendation, which had been filed by Hochman's predecessor George Gascón. Gascón had announced the recommendation for resentencing in October 2024, a month before he was defeated by Hochman in the November election.
The brothers' relatives said they are hopeful that the upcoming hearings on April 17 and 18 will produce positive outcome.
"We have great faith in the system. We have great faith that the justice will prevail," Anamaria Baralt, the brothers' cousin, said, adding she's very proud of Erik and Lyle.
The brothers attended the hearing remotely wearing their blue prison clothes as they listened to the argument from their San Diego prison, sitting together. They were wearing glasses, appearing to read something offscreen at some points.
Deputy District Attorney Habib Balian, who presented on behalf of prosecution, described to Judge Michael Jesic how Lyle pressed his shotgun into his mother’s cheek and fired shots. As the deputy DA spoke, the elder brother was seen slightly rocking forward.
District Attorney Nathan Hochman was seated on the first row behind his team of prosecutors during the hearing while the brothers’ defense team led by Mark Geragos were in court along with the brothers’ family members.
There were some moments of tension inside the courtroom during the hearing.
When the deputy district attorney showed images of the bloody crime scene at the mansion, Geragos reacted angrily.
“It’s outrageous, frankly, that a DA puts up photos of a crime scene with family here, with zero warning," Geragos said. "Victims are being retraumatized all for political purposes."
Geragos made several objections during the lengthy presentation.
Judge Mike Jesic allowed the presentation to continue but noted he'd like to wrap things up Friday.
"I’m not going to stop your presentations," Jesic said. "We’re going to flesh it out … If it doesn’t get finished today, I'm going to cry a little."
As Judge Jesic tried to calm everyone down, he said he will let both sides say their piece.
At the end of the long presentation by the prosecution followed by the defense's argument, a frustrated Judge Jesic cut off both attorneys, saying he was ready to make a decision.
"You both have strong arguments," the judge said, explaining that he believes that further discussion is best saved for the resentencing hearing set for April 17 and 18.
What to expect from April 17 and 18 hearing
The resentencing or modification hearing is tentatively scheduled for April 17 and 18, where the judge is expected to hear arguments on the brothers' suitability for resentencing, based on the California law that allows courts to reduce penalties based on a variety of factors, including a prisoner's age and their conduct while incarcerated.
Despite Hochman’s opposition, it will be up to the judge to decide whether to allow the DA to withdraw the resentencing motion, and if the court denies the DA's request to withdraw, the judge will decide whether or not the brothers should be resentenced, and, possibly, the terms of a reduced sentence, which could entitle them to an immediate parole hearing.
More high-stakes reviews by the Parole Board
Simultaneous with, but separate from, the resentencing proceedings, Gov. Gavin Newsom directed the state’s parole board to evaluate whether Erik and Lyle Menendez pose danger to society, part of an independent risk assessment that will be completed by June 13.
The assessment is done by a group of corrections experts and psychologists to determine whether the brothers are suitable for release on parole.
The report will be shared with Judge Jesic in case the court proceeds with resentencing and the brothers become eligible for parole.
Newsom has said his office will also conduct its own analysis to determine whether the Menendez brothers deserve clemency, in which the governor may order a reduction in the severity of punishment.
