The Menendez Brothers’ resentencing hearing has come to a halt for the day and will not be continuing on Friday as initially planned. The next hearing is scheduled for May 9, where the admissibility of a risk assessment report will be discussed. Mark Geragos, the brothers’ defense attorney, is expected to file for L.A. County District Attorney Nathan Hochman to be recused from the case due to accusations of bias.
In a news conference following today’s hearing, Geragos accused the D.A.’s Office, particularly Hochman, of retraumatizing the Menendez family. One family member was reportedly hospitalized after crime scene photos were shown in court on April 11. Bryan Freedman, representing members of the Menendez family, emphasized the importance of respecting their Marsy’s Law rights.
The family is invited to attend the May 9 hearing, although it is still undecided whether the hearing will be open to the public. Geragos has not yet seen the risk assessment report and is awaiting its receipt.
Hochman filed a last-minute motion on Wednesday night to prevent the hearing from proceeding, arguing that the court needed time to review the parole board’s risk assessment report for Erik and Lyle Menendez. The judge rejected this motion, allowing today’s hearing to proceed.
Governor Gavin Newsom ordered the parole board to conduct a risk assessment of the brothers in February before any clemency decision could be made. This report will be utilized in a hearing on June 13, where Erik and Lyle will individually appear before the board for reviews. Newsom will then decide whether to grant clemency to the brothers.
Erik and Lyle were convicted of shooting their parents with shotguns in their Beverly Hills home in 1989 and sentenced to life without parole. Despite their sentence, they have been actively navigating the legal system in hopes of securing their release, including filing for resentencing, seeking clemency, and pushing for a new trial based on newly discovered evidence.