Home Menendez brothers appear in court via video link as resentencing hearing starts

Menendez brothers appear in court via video link as resentencing hearing starts

· April 17, 2025 · 0 Comment
  2. James Gregory
  3. Live editor
  5. Over the last couple hours, we’ve been hearing arguments over whether resentencing of Eric and Lyle Menendez should be considered, following their convictions for the murder of their parents over 30 years ago.
  6. It’s been a contentious start to proceedings, and the judge in the case has indicated he will not be making a decision in the next two days.
  7. There’s been disagreement over the use of graphic evidence from the crime scene shown in previous court hearings and the brothers’ lawyer has also accused the LA District Attorney’s office of withholding information from the defence team. The DA has said the facts of the case are “not favourable” to warrant a resentencing.
  8. Erik and Lyle Menendez themselves did not attend today’s session in person, instead dialling in via video where they could be seen sitting together listening from their prison near San Diego.
  9. Meanwhile outside the court, some of their supporters gathered, speaking to members of the press and holding posters.
  10. Thank you for joining us – proceedings have been adjourned for the next few hours and we will be ending our live coverage of the case.
  13. Kayla Epstein
  14. Reporting from court
  15. Some more now on the crime scene images that I mentioned in my previous post.
  16. Prosecutor Habib Balian apologised to the family for having to show them, but said the Menendez brothers had committed “extremely depraved conduct” and the matter of resentencing centred on whether the brothers had been rehabilitated since committing their crimes, and whether they still posed a risk of violence.
  17. That required reviewing the initial crime, Balian said.
  18. “We cannot close our eyes,” he told the court.
  19. Judge Michael Jesic defended Habib as a “moral” attorney and took responsibility for showing the graphic images in court without appraising the victims’ family members first.
  20. He asked the attorneys to confer so there would be warning next time.
  21. But he told Freedman, representing the Menendez family, that things will come up that would be tough for family members to watch.
  22. “If anyone is uncomfortable they need to think about whether they should be here,” the judge warned.
  25. Kayla Epstein
  26. Reporting from court
  27. Mark Geragos, the lawyer for Erik and Lyle Menendez, accused the Los Angeles District Attorney’s office of playing “three card monte” with various aspects of the brothers’ case, including parole and clemency proceedings.
  28. He accused the DA’s office from withholding reports and information from the defence team.
  29. At an earlier hearing, prosecutors had displayed graphic images of the three-decade old crime scene.
  30. Bryan Freedman, who represents family members who want to see the brothers released, said showing them the gruesome images without warning constitutes “intimidation and harassment”.
  31. He said that one person experienced a medical event that sent them to the hospital.
  32. He also accused Los Angeles District Attorney Nathan Hochman of having “bias” because he grew up in Beverly Hills near the Menendez family and went to the same high school as the men.
  35. Kayla Epstein
  36. reporting from court
  37. The hearing has got off to a contentious start, as attorneys representing the Menendez brothers and the victims’ families spar with Los Angeles prosecutors over graphic evidence and a separate clemency report currently before the governor’s office (more on what that means later).
  38. Judge Michael Jesic says: “There’s no way I’m going to make a decision in the next two days to resentence.”
  39. Lyle and Erik Menendez are appearing on a video feed from prison, wearing cobalt-blue prison uniforms.
  40. They have remained silent throughout the initial hour of the hearing.
  41. Mark Geragos, the Menendez brothers’ defence attorney, says he will ask for the Los Angeles District Attorney’s office to be recused from the case.
  44. Regan Morris
  45. Reporting from Los Angeles
  47. While we await updates from court, let’s return to the supporters who gathered outside earlier.
  48. Evonna McIntosh, 31, lives in Fontana, California. She says she woke up at 04:00 PST (11:00 GMT) and travelled more than two hours by train and Uber to be here to support the Menendez brothers.
  49. She says she heard about the brothers from TikTok and YouTube, adding that she relates to their stories of abuse.
  50. “I’ve seen kids who got abused – teens who were bullied,” she says. “It’s sad.
  51. “I see it posted on TikTok and YouTube. I support them [the brothers]. They should be free.”
  54. Regan Morris
  55. Reporting from court
  56. The Menendez hearing is now under way.
  57. It started about 15 minutes late, possibly because the LA District Attorney was giving a press conference outside the court.
  58. The brothers have joined via a video link from prison. They are incarcerated near San Diego at a prison just north of the border with Tijuana, Mexico.
  59. They are wearing blue prison jumpsuits and are sitting together.
  60. Stay with us as we bring you the latest from court.
  63. James Gregory
  64. Live editor
  65. Our colleagues in LA say they’ve now entered the courtroom. The hearing is a little delayed and we’re waiting to hear whether it has started.
  66. No electronic devices are allowed inside the courtroom and the hearing is not being televised. Our correspondents will be taking down notes of what’s happening and feeding them back to us.
  67. Stay with us for the latest.
  70. More than two dozen members of the Menendez family say Erik and Lyle, who are now in their 50s, should be released.
  71. Many of them have arrived for today’s resentencing hearing.
  72. Image source, Reuters
  73. Image caption,
  74. Tammi Menendez, who married Erik in 1999, has long fought for his release
  75. Image source, EPA
  76. Image caption,
  77. Tammi’s daughter, Talia, is also at the court today
  78. Image source, EPA
  79. Image caption,
  80. Kitty Menendez’ niece Diane Hernandez also supports the pair’s release
  83. Peter Bowes
  84. Reporting from court
  86. Outside the court today there are many more members of the media than supporters or detractors of the Menendez brothers.
  87. But there is an air of expectation amongst those members of the public here hoping to get a seat in the courtroom.
  88. One woman told me Erik and Lyle Menendez “deserved to go home” insisting that they had “taken responsibility” for what they did.
  91. Kayla Epstein
  92. Reporting from court
  93. Los Angeles District Attorney Nathan Hochman is holding a press conference before the hearing. He says it’s going ahead as planned and is confident the law is on his side.
  94. “If you don’t have the law or the facts pound the protector, and that’s what the defence strategy has been,” Hochman says.
  95. He adds that the “facts are not favourable” to resentencing.
  98. Image source, Getty Images
  99. Before the hearing begins, let’s take a look back at how the Menendez case started.
  100. Parents Jose and Kitty Menendez were found dead inside their Beverley Hills mansion after being shot 13 times in August 1989.
  101. Their sons – Erik and Lyle – called police, telling authorities they had got home and found their parents dead.
  102. Police initially thought it was a mob hit but the brothers’ behaviour after the murders, including lavish spending and partying, shifted the focus on to them.
  103. A confession to their psychologist was their undoing. The doctor’s girlfriend reported the brothers to authorities, which led to recorded tapes of their sessions being used in trial.
  104. In March 1990, the brothers were charged. They went on trial in 1993 where the brothers admitted to the killings but argued they acted out of self-defence, outlining years of emotional, physical and sexual abuse by their father.
  105. It ended in a mistrial but a second trial in 1996 resulted in them being convicted of first-degree murder.
  108. Image source, Reuters
  109. Image caption,
  110. Former LA District Attorney George Gascon supported the Menendez brother’s resentencing bid, but critics claim the move was politically motivated
  111. Almost three decades after the Menendez brothers were convicted of first-degree murder, the pair filed a motion in 2023 detailing new evidence alleging childhood sexual abuse by their father, and requesting their convictions be vacated.
  112. The evidence included an allegation of rape from a former member of boy band Menudo, Roy Rosselló, and a letter Erik Menendez wrote to a cousin eight months before the murders, which detailed the alleged abuse.
  113. The top LA prosecutor at the time, George Gascón, announced that he was supporting the resentencing bid days before an election in November 2024, and after a popular Netflix documentary and TV drama on the case was released. He denied the announcement was political and argued it was a long time coming.
  114. After Gascón lost his re-election bid, Nathan Hochman took over his office and the Menendez case. Hochman came out forcefully against their resentencing request, and said the brothers continued to stick by a litany of “lies”.
  115. But despite attempts to prevent the hearing, a Los Angeles court ruled it could move forward earlier this month.
  118. A judge will look at evidence, hear from witnesses, and ultimately determine whether Erik and Lyle should be resentenced.
  119. It will not be a re-trial, and guilt will not be a question. Much of the focus could instead be on what the brothers have done during their 30 years in prison.
  120. Both sides – lawyers for the Menendez brothers and the district attorney’s office – will present arguments on why the brothers should or should not be resentenced.
  121. They will also be able to call people to testify. This could include a wide variety of individuals, from people involved in prosecuting the brothers in the 1990s or prison officials talking about the brothers’ last 30 years behind bars.
  122. We are likely to hear from members of the Menendez family, many of whom have become outspoken advocates for Erik and Lyle’s release, except at least one who is opposed to their release.
  125. Regan Morris
  126. Reporting from Los Angeles
  128. Throngs of media are outside the courthouse in Van Nuys ahead of the Menendez brothers’ resentencing hearing. Their attorney, Mark Geragos, is addressing journalists before it starts.
  131. James Gregory
  132. Live editor
  133. Image source, Getty Images
  134. Image caption,
  135. Eric and Lyle Menendez during their first trial
  136. Hello and welcome to our live coverage. A high-profile resentencing hearing is about to begin for convicted killers Eric and Lyle Menendez that could lead to their release from prison having spent more than three decades behind bars.
  137. The brothers were found guilty of murdering their parents in their Beverly Hills mansion in 1989 – a notorious case that still divides Americans.
  138. They are currently serving life in prison without the possibility of parole in California. But, in autumn last year, it was decided that the case would be re-examined after a request from the former Los Angeles district attorney.
  139. The Menendez case was thrust back into the public eye last year after the release of a Netflix drama, Monsters: The Lyle and Erik Menendez Story. New evidence also emerged which appeared to detail alleged sexual abuse against the brothers by their father.
  140. Our colleagues in Los Angeles will be following today’s proceedings from the courtroom. Stick with us for the latest.

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