Menendez Brothers Resentencing Delayed for New District Attorney

Nov. 25, 2024, 10:09 PM UTC

A Los Angeles judge pushed the Menendez brothers’ resentencing hearing to January to give the county’s new District Attorney time to weigh in on the case.

California Superior Court, Los Angeles County Judge Michael Jesic’s Monday choice to push the mid-December hearing aligns with that of California Gov. Gavin Newsom (D). Newsom said last week that he too will defer to incoming D.A. Nathan Hochman before deciding on clemency for Erik and Lyle Menendez.

Hochman has said he will revisit the case, rather than immediately adopting ousted D.A. George Gascón’s October recommendation to reduce their sentences. Prior to the election, Hochman blasted Gascón’s decision as a “political move.”

Jesic on Monday appeared sympathetic to the Menendez brothers’ family members, who begged the judge before a packed Van Nuys state courthouse to free the brothers. One uncle, Milton Andersen, has said they should remain in prison.

The brothers were convicted nearly three decades ago for murdering their parents. New evidence has emerged that their lawyers say shows they were sexually abused by their father.

“No child should have to endure what Erik and Lyle went through,” said their aunt, Joan VanderMolen, referring to the abuse by their father.

joan vandermolen
As Menendez brothers’ attorney Mark Geragos speaks, Joan VanderMolen (left), the aunt of Erik and Lyle Menendez, kisses on the cheek Bryan Freeman (right), the lawyer representing the members of the Menendez family lobbying for the brothers’ release from prison.
Photographer: Maia Spoto/Bloomberg Law

The hearing comes a month after Gascón recommended the brothers be made eligible for parole.

Gascón cited evidence the brothers were sexually abused by their father, their ages when they killed their parents, and their advocacy for other inmates while in prison. Public support for the brothers swelled after a couple of high profile Netflix releases about their lives.

The recommendation divided the LA D.A.'s office, Gascón said. Some prosecutors didn’t believe the brothers were molested by their father, he said.

Jesic in delaying the hearing said he needs to review seventeen boxes of files before making a decision.

The next hearing is scheduled for Jan. 30.

The case is People v. Menendez, Cal. Super. Ct., Nos. BA068880-01 and BA068880-02, 11/25/24.

To contact the reporter on this story: Maia Spoto in Los Angeles at mspoto@bloombergindustry.com

To contact the editor responsible for this story: Stephanie Gleason at sgleason@bloombergindustry.com

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