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A Los Angeles judge ruled Friday that a resentencing hearing for Lyle and Erik Menendez can proceed, rejecting an effort by the Los Angeles District Attorney to withdraw a motion to reconsider the brothers’ lifetime punishment.
The judge, Michael Jesic, made his ruling following a daylong hearing in Van Nuys, CA, one that saw the brothers appear via remote video. Cooper Koch, who played Lyle Menendez in the recent Ryan Murphy Netflix series Monsters: The Lyle and Erik Menendez Story that helped reignite interest in the case, appeared at the hearing.
The judge told prosecutors, per the Associated Press, “Everything you argued today is absolutely fair game for the resentencing hearing next Thursday.”
A resentencing hearing has been scheduled to begin April 17. But the fate of the brothers may ultimately be in the hands of California Gov. Gavin Newsom, who said that the brothers will appear before a parole board June 13. A report then will be submitted to him.
“We will submit that report to the judge for the resentencing, and that will weigh into our independent analysis of whether or not to move forward with the clemency application to support a commutation of this case,” Newsom said on his podcast.
Today’s hearing at the Van Nuys courthouse was to determine whether L.A. District Attorney Nathan Hochman could drop a resentencing motion, reversing the action taken by his predecessor George Gascón, whom he defeated in November’s election.
In a lengthy press conference last month, Hochman said he concluded that the brothers “do not meet the standards for rehabilitation.” He added: “They have not exhibited the full insights and accepted complete responsibility for their actions.”
Hochman reiterated today in a press release that his office believes the “murders were calculated, premeditated, cold-blooded killings. Our position remains clear: Until the Menendez brothers finally come clean with all their lies of self-defense and suborning and attempting to suborn perjury, they are not rehabilitated and pose an unreasonable risk of danger to public safety.”
He added: “There were two paths to get to a resentencing hearing: The Court’s own initiated motion and the prior DA’s motion. We have consistently stated that we are prepared to go forward with the Court’s own initiated motion for resentencing while requesting to withdraw the prior DA’s motion as deficiently considering a key aspect of rehabilitation, a full and complete insight and acceptance of responsibility for the entire breadth of one’s crime. As a result, the fact that we are going to have a resentencing hearing is not unexpected.”
The Menendez brothers were sentenced to life without the possibility of parole for the 1989 shotgun murders of their parents in Beverly Hills. Two trials — the brothers were tried with separate juries in 1993 that ended in hung juries, then retried together in 1995 — leading to their eventual convictions were media sensations, playing out on live TV.
The brothers — Lyle is now 57 and Erik is 54 — have stepped back into the headlines in no small part due to Monsters: The Lyle & Erik Menendez Story and several documentaries reexamining their cases. Their legal team is attempting to get them resentenced to a lesser term that would allow them to either be released or become parole-eligible.
The defense has pointed to two new pieces of information have emerged since the conviction in their attempts to get the brothers resentenced: a letter allegedly written by Erik to his cousin and allegations by former Menudo bandmember Roy Rosselló, both saying they had been abused by Jose Menendez.
“Today is a good day — justice won over politics,” Menendez family attorney Mark Garagos said in a press conference after today’s ruling. “It’s been a long time coming,” he added, saying “today was probably the biggest day since [the brothers] have been in custody.”