Home Law & Crime Menendez Brothers’ Resentencing Hearing Looms Amid Legal and Political Tensions in Los Angeles

Menendez Brothers’ Resentencing Hearing Looms Amid Legal and Political Tensions in Los Angeles

by support
0 comments

The Menendez brothers’ long-delayed resentencing hearing is set for this Friday, April 11, 2025, in Van Nuys, marking a critical juncture in a case that has gripped the nation for over three decades. Lyle and Erik Menendez, now 57 and 54 respectively, have been serving life sentences without the possibility of parole since their 1996 conviction for the 1989 shotgun murders of their parents, Jose and Kitty Menendez, in their Beverly Hills home. The hearing, initially spurred by former Los Angeles County District Attorney George Gascón’s October 2024 recommendation to resentence the brothers to 50 years to life—a move that would make them immediately eligible for parole—now faces significant opposition from the current DA, Nathan Hochman. Hochman, who took office in December 2024 after defeating Gascón in a heated election, plans to ask Los Angeles Superior Court Judge Michael Jesic to withdraw Gascón’s resentencing motion, arguing that the brothers have shown a lack of remorse and continue to perpetuate a “fabricated” self-defense narrative. However, the entire hearing may be rendered moot, as California Governor Gavin Newsom has already sent the case to the state parole board for a risk assessment, a step that could lead to clemency and potentially bypass the resentencing process altogether.

Hochman says there are two motions for resentencing hearings on the table.
Hochman says if the family of the Menendez brothers really wants to get them out of prison, they should go to California Governor Newsom.

The Menendez brothers’ case has been a lightning rod for debate since the brutal killings of Jose, a wealthy entertainment executive, and Kitty Menendez on August 20, 1989. The brothers, then 21 and 18, claimed they acted in self-defense, alleging years of sexual, psychological, and physical abuse by their father, with their mother complicit in enabling the abuse. Prosecutors, however, painted the murders as a cold-blooded act motivated by greed for their parents’ multimillion-dollar estate, pointing to the brothers’ lavish spending spree in the months following the killings, which included purchases of Rolex watches, a Porsche, and a restaurant. The case went through two trials—the first in 1993 ended in a mistrial due to hung juries, and the second in 1995-1996 resulted in their conviction for first-degree murder. The second trial notably limited the defense’s ability to present evidence of abuse, a point of contention that has fueled their legal battles ever since.

Last October, Gascón, a progressive DA known for his focus on criminal justice reform, reignited hope for the brothers’ release by recommending resentencing. His motion cited their ages at the time of the crime—under 26, qualifying them as youthful offenders under California law—and their extensive rehabilitation efforts in prison, including founding programs to help inmates process childhood trauma. Gascón also pointed to a cultural shift in understanding male sexual abuse since the 1990s, bolstered by new evidence: a 1988 letter from Erik to his cousin Andy Cano detailing the abuse, and allegations from Roy Rosselló, a former member of the boy band Menudo, who claimed in 2023 that Jose Menendez raped him as a teenager. Gascón’s recommendation came just days before his electoral defeat to Hochman, a former federal prosecutor who ran on a tough-on-crime platform, raising questions about the timing of his decision. Hochman has since accused Gascón of using the high-profile case as a “political ploy” to bolster his failing reelection campaign, a charge Gascón has denied, insisting his office had resentenced over 300 people, including 28 for murder, as part of a broader reform effort.

Hochman’s stance has been markedly less sympathetic. On March 10, 2025, he announced his intention to withdraw Gascón’s resentencing motion, arguing that the brothers have maintained a “decades-long lie” about their self-defense claims and failed to show “full insight and complete responsibility” for their actions. In an 88-page filing, Hochman detailed what he called 20 lies told by the brothers, including their initial claim that the murders were a Mafia hit—evidenced by their staging of the crime scene with shots to their parents’ kneecaps—and their alleged attempts to suborn perjury from witnesses. He compared their case to that of Sirhan Sirhan, whose parole was denied by Newsom in 2022 despite decades of rehabilitation, because Sirhan lacked accountability for assassinating Robert F. Kennedy. Hochman has stated he would reconsider resentencing only if the brothers “sincerely and unequivocally” admit to their lies, a condition they have not met. On March 19, he reiterated this position in an interview with ABC News, emphasizing that the brothers’ self-defense claim was never about the sexual abuse itself but rather an alleged imminent fear of being killed by their parents, a fear he deems unsubstantiated.

Despite Hochman’s opposition, he acknowledges that a resentencing hearing is likely to proceed regardless of the judge’s decision on his motion to withdraw Gascón’s request. This week, Hochman notes there are two motions for resentencing on the table—one initiated by Gascón and another by the court itself—meaning Judge Jesic may still move forward with the hearing. However, Hochman has repeatedly pointed to clemency as the “clearest path” for the brothers’ release, urging their family and supporters to focus their efforts on Governor Newsom. “If the family of the Menendez brothers really wants to get them out of prison, they should go to California Governor Newsom,” Hochman said in a recent statement, highlighting Newsom’s “absolutely unilateral full power” to commute their sentences.

Newsom’s involvement has added another layer of complexity. On November 18, 2024, shortly after Hochman’s election, the governor announced he would defer any clemency decision until Hochman had reviewed the case, citing respect for the new DA’s role in ensuring justice. However, on February 26, 2025, Newsom ordered the California Board of Parole Hearings to conduct a 90-day risk assessment to determine whether the brothers pose an “unreasonable risk” to public safety if released, a key step in their clemency bid. On March 11, he revealed on his podcast, This Is Gavin Newsom, that the brothers will have independent parole board hearings on June 13, after which a report will be submitted to him for consideration. “We will submit that report to the judge for the resentencing, and that will weigh into our independent analysis of whether or not to move forward with the clemency application to support a commutation of this case,” Newsom said. This move has led some legal experts to speculate that the resentencing hearing may indeed become moot if Newsom opts for clemency, which could result in the brothers’ immediate release.

The brothers are pursuing three legal avenues to freedom: resentencing, clemency, and a habeas corpus petition filed in 2023, which seeks a new trial based on the aforementioned new evidence of abuse. Hochman has opposed the habeas petition, arguing in February that the evidence is neither credible nor admissible, and that the act of murder, not the abuse allegations, was the core issue in their conviction. The brothers’ attorneys, Mark Geragos and Cliff Gardner, have pushed back, accusing Hochman of political motivations. In a court filing on April 1, 2025, they argue that Hochman’s motion to withdraw the resentencing request “ignores the facts of the case” and is driven by “political self-interest.” They note that the brothers have consistently scored the lowest felony risk assessment scores—zero—indicating minimal risk to society, and that any prison rule violations cited by Hochman are minor and span decades. They also contrast the Menendez case with Sirhan Sirhan’s, pointing out that unlike Sirhan, who has vacillated on his guilt, the brothers have owned their crime since their conviction, as evidenced by a 1996 Barbara Walters interview where they expressed regret: “What we did was awful, and I wish we could go back.”

Public sentiment, as reflected in posts on X, remains deeply divided. Supporters, including the brothers’ extended family—such as Kitty’s sister, Joan Andersen VanderMolen, 92, and over two dozen relatives—rally under hashtags like #JusticeForErikAndLyle, arguing that the brothers’ actions were a desperate response to years of abuse and that they have been rehabilitated. Critics, including Kitty’s brother Milton Andersen, who passed away on March 3, 2025, at age 90, have maintained that the murders were driven by greed, not abuse, and oppose any early release. A recent Economist/YouGov poll from April 6-8 shows 49% of Californians support resentencing, while 43% oppose it, with many citing the cultural shift in understanding trauma as a factor.

Breaking news updates indicate ongoing friction. On April 6, 2025, the @menendez50 account on X shared a detailed breakdown of the brothers’ legal response to Hochman’s motion, accusing him of ignoring case law in his attempt to withdraw the resentencing request. On April 7, the @undiaalavez2277 account reaffirmed supporters’ resolve, noting the upcoming resentencing hearing on April 17-18 (a possible rescheduling from the original April 11 date) and the June 13 parole board hearings. Meanwhile, Newsom’s broader policy moves are drawing attention: on March 13, he proposed a new parole board process that would codify risk assessments like the one underway for the Menendez brothers, potentially streamlining clemency for other inmates.

The Menendez case, amplified by recent media attention—including the 2024 Netflix series Monsters: The Lyle and Erik Menendez Story and a documentary—continues to challenge societal views on justice, trauma, and rehabilitation. As Friday’s hearing approaches, all eyes are on Judge Jesic, Hochman, and Newsom, whose decisions could either keep the brothers behind bars or pave the way for their release after 35 years in prison.

Sources:

  • Web sources: deadline.com, cnn.com, latimes.com, abcnews.go.com, cbsnews.com, da.lacounty.gov, nbclosangeles.com, nbcnews.com, nytimes.com, theguardian.com, variety.com, foxnews.com, dailynews.com, newsweek.com
  • Posts on X reflecting user sentiment and breaking updates

You may also like

Leave a Comment

Soledad is the Best Newspaper and Magazine WordPress Theme with tons of options and demos ready to import. This theme is perfect for blogs and excellent for online stores, news, magazine or review sites.

Editors' Picks

Latest Posts

u00a92022 Soledad, A Media Company – All Right Reserved. Designed and Developed by PenciDesign