Members of the Menendez family departed the Van Nuys courtroom Monday afternoon with heavy news; brothers Lyle and Erik Menendez’s resentencing hearing has been moved from December 11th to January 30th.
Who are the Menendez brothers and what did they do?
Lyle and Erik Menendez, aged 56 and 53 respectively, are currently sentenced to life in prison without the possibilty of parole for killing their parents in 1989.
They reportedly went on a $700,000 spending spree of their parent’s inheritance. The brothers were arrested after Judalon Smyth (Erik’s therapist’s girlfriend) told police that Erik Menendez admitted to killing his parents with his brother.
Originally denying the murders, Lyle and Erik Menendez claimed they killed their parents in self-defense. They said their parents abused them for years, most notably their father’s sexual abuse. Lyle claimed that he was sexually abused from the ages of 6 to 8. Erik claimed that his abuse went on from ages 6 to 18, with the last instance happening in August, the month the murders took place.
Their first case, where they were tried by two seperate juries, ended in a mistrial. When the brothers were tried the second time, a majority of abuse claims were striken from jury use. They were found guilty first-degree murder with special circumstances for lying in wait.
New District Attorney, New Challenges
Republican Nathan Hochman ousted incumbent George Gascón in an estimated 61.46% win earlier this month. But how does this affect the Menendez’s case?
A week after his recommendation for a resentencing, Gascón supported a clemency motion to expedite the case. Clemency is defined as “the power of the President of the United States or a state governor to pardon a criminal or to commute a sentence.”
In the Menendez case, a petition could have traveled to California Governor Gavin Newson, but he declined to review the case earlier this month.
“[Governor Newson] respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” A spokesman for the Governor said last week.
Hochman has criticized DA Gascón heavily after the former’s election victory. The DA-elect has agreed with rumors about how the incumbent’s support may have been in an attempt to be re-elected.
“Was it a just decision or was it just a political ploy?” Hochman questioned in a recent NBC News interview.
Hochman, a former federal prosecutor, is a member of the Republican Party. Gascón, a Democrat, has been nicknamed the “most progressive district attorney in recent LA history,” partly due to his work during the BLM movement.
“The voters of Los Angeles County have spoken and have said enough is enough of D.A. Gascón’s pro-criminal extreme policies; they look forward to a safer future,” Hochman said after his Election win.
His strong Republican and anti-criminal stances may negatively affect the resentencing case. Still, he pledges to “look at all the facts of the underlying crimes and what created those crimes.”
Despite his Republican values, Hochman endorsed former Democratic presidential candidate Kamala Harris.
Despite calls for release from celebrities like model Kim Kardashian and Monsters actor Cooper Koch, Hochman remains firm in his belief that facts rules over public opinion.
“As far as whether or not there’s a cultural shift or not, that’s in some ways irrelevant for whether or not the facts in the law in the Menendez case justify a resentencing and, if so, what that resentencing should be,” Hochman continued. “If you decide this case based on just reviewing a Netflix documentary, you’re doing a disservice to the Menendez brothers, to the victims’ family members, to the public.”
Hearing delayed
On Monday, it was announced that the Menendez brothers would have to wait at least a month and days until they find out if they will be free.
The resentencing hearing, that originally was set to take place December 11th, was announced to be pushed back to January 30th, 2025. They also allowed a second hearing date on January 31st if they need it.
The decision was made due to Hochman’s December 2nd inauguration date. While he initially wanted to review the case as soon as possible, he explained that the case is too complex to decide in such short time.
During the hearing, the brothers’ family members vouched for their release. While the family initially hoped that the pair would be released before the holidays, their current focus is proving why they should be let out of prison.
“No child should have to endure what Erik and Lyle did,” Joan VanderMolen, Kitty’s 93-year-old sister said Monday. “No children should have to live in fear day by day that their dad would come and rape them.”
Lyle and Erik appeared in the courtroom via live video alongside their lawyer Mark Geragos.
“[The brothers] are clearly not at risk for committing any violent act going forward, and the victims are here articulating, under the California constitution, that they want them released,” Geragos said in a statement.
