LOS ANGELES – After months of delays, a hearing started Tuesday to decide whether Erik and Lyle Menendez should get a chance at freedom after serving nearly 30 years in prison for the double murder of their parents.
A Los Angeles judge is presiding over the resentencing hearing that is expected to last two days. If he shortens their sentences, the brothers would still need approval from the state’s parole board to get out of prison. They could then potentially go free on time served.
They were sentenced in 1996 to life in prison without the possibility of parole for murdering their father Jose Menendez and mother Kitty Menendez in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time of the killings. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
Due to wildfires in the LA area, and disputes between LA prosecutors and defense attorneys, the hearings were delayed for months.
The case has captured the public’s attention for decades — and last year, the Netflix drama “ Monsters: The Lyle and Erik Menendez Story ” and documentary “The Menendez Brothers” brought new attention to the case. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months.
Here’s what to expect this week:
The resentencing hearing will center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. That would make them eligible for parole under California’s youthful offender law because they committed the crime under the age of 26.
Their defense attorney, Mark Geragos, said in April he may ask the judge to reduce their charges to manslaughter, potentially allowing them to be immediately released.
Geragos said last Friday that he plans to call at least seven family members to testify at the hearings. As in previous proceedings, the brothers will appear virtually. It was unclear if they will testify.
Los Angeles County prosecutors will be arguing against the resentencing. They say the brothers have not taken complete responsibility for the crime. Prosecutors will likely reference the preliminary findings from a forensic psychologist who looked at whether the brothers pose a risk to society if released, an assessment ordered by the state parole board. The admissibility of the results in court have been a point of contention for the two sides, as they have not been made public, but the judge said last Friday that some parts can be included.
