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Resentencing hearing for Menendez brothers postponed by judge
Erik Menendez (left) is shown in 2016 and Lyle Menendez in 2018 in photos provided by the California Department of Corrections and Rehabilitation.
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California Department of Corrections and Rehabilitation
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AP
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The Menendez brothers' bid for freedom was delayed Thursday when a Superior Court judge postponed a resentencing hearing to consider whether a comprehensive risk assessment report should be allowed as evidence in the case.
The assessment of the brothers’ risk to society was requested by Gov. Gavin Newsom as he considers clemency for Erik and Lyle Menendez. It was made available to prosecutors, but not to the defense.
Prosecutors want to use it to argue against the resentencing of the brothers.
The two were sentenced to life in prison without the possibility of parole for the shotgun murders of their parents in 1989. Erik Menendez was 18 at the time. Lyle Menendez was 21.
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Their attorneys argue they have been rehabilitated and pose no danger to the public. They want their sentence reduced to manslaughter and the brothers released.
What the Menendez lawyers say
On Thursday, Menendez attorney Mark Geragos argued the assessment should not be part of a resentencing hearing — that it should be restricted for use as part of the governor’s clemency process.
He also said he intends to file a motion to recuse the L.A. County District Attorney's Office from the case, arguing District Attorney Nathan Hochman is biased against the brothers.
Bryan Freedman, te attorney representing Menendez family members who want the brothers released, suggested Hochman is biased because he grew up less than a mile from where the murders occurred in Beverly Hills.
What's next?
Judge Michael Jesic set a May 9 hearing to consider the issue of the assessment and any motion by Geragos for recusal. He did not set a date for a new resentencing hearing.
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The Menendez brothers attended the hearing via video from the Richard J. Donovan Correctional Facility in San Diego. They did not make any statements to the judge.
Some background
Last week, Jesic denied a request by Hochman to withdraw his predecessor’s motion for resentencing the brothers. That cleared the way for this week’s court hearing to proceed.
George Gascón, the former district attorney, supported resentencing the brothers to a term that would make them eligible for parole. Hochman said last month that he did not believe the brothers had proper insight into their crimes — fatally shooting their parents in their Beverly Hills home in August 1989.
If the judge ultimately decides to resentence the brothers, it would be up to a state parole board to determine when they could be released.
The brothers have been in prison for more than 30 years. Both are now in their mid-50s.
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