Los Angeles judge postpones hearing on release of Menendez brothers

26 November 2024 - 07:12 By Jackie Luna and Daniel Trotta
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Erik Menendez, right, and brother Lyle listen to court proceedings during a May 17 1991 appearance in the case of the shotgun murders of their wealthy parents in August 1989.
Erik Menendez, right, and brother Lyle listen to court proceedings during a May 17 1991 appearance in the case of the shotgun murders of their wealthy parents in August 1989.
Image: REUTERS/Lee Celano/File Photo

A Los Angeles County judge on Monday postponed a hearing over the possible release of Lyle and Erik Menendez after 35 years in prison for the shotgun murders of their parents, saying he wanted to hear from a new district attorney taking office next week.

“I'm not ready to go forward,” superior court judge Michael Jesic said in court.

“I want the new administration to go through the documents.”

After the second of two highly publicised trials, the Menendez brothers were convicted in 1996 of first-degree murder and sentenced to life in prison without the possibility of parole for killing their parents, Jose and Kitty Menendez, in 1989.

The case captivated the US in the 1990s because of the brothers' wealth and privilege as the sons of a record company and entertainment industry executive. A recent Netflix documentary series raised new evidence and revived public interest in the case.

The evidence supported their claims that they were sexually abused by their father for years, leading the outgoing district attorney to support their release.

At Monday's hearing, defence lawyers sought to reduce their first-degree murder conviction to voluntary manslaughter, which could make them eligible for release. The brothers followed the proceedings from prison by audio link after a video link failed.

The judge rescheduled the hearing for January 30 and 31 but decided to hear the testimony of two Menendez relatives, the older sisters of Jose and Kitty, who support the release of the brothers, now 56 and 53.

A separate hearing on resentencing that had been requested by prosecutors and scheduled for December 11 was cancelled and will be folded into the January hearing, the judge said.

When the brothers testified at the trial, the first of which was televised and ended in a hung jury, they said they were victims of abuse. Prosecutors argued the pair sought the multimillion-dollar fortune of their parents. Lyle was 21 and Erik was 18 at the time of the murders.

Los Angeles County district attorney George Gascon said the new evidence combined with a more modern understanding of sexual abuse led him to ask for resentencing of the brothers, saying they had paid their debt to society.

But Gascon was defeated in the November 5 election and will leave office on December 3.

Incoming district attorney Nathan Hochman has yet to take a position on the case.

Gascon has said there is no doubt the brothers killed their parents, but cited a recently surfaced letter Erik purportedly wrote to a cousin eight months before the murders in which he referred to the abuse.

Investigators also are examining allegations by a member of the 1980s pop band Menudo who said he was abused by Jose. The allegations were publicised last year in the Peacock documentary series Menendez + Menudo: Boys Betrayed.

Had the evidence been presented at trial, the jury may have reached a different outcome, Gascon said.

Reuters


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