Lyle and Erik Menendez will wait until January to learn if they can be released from prison. A judge has postponed their resentencing hearing, originally set for December 11, to January 30 and 31.
During a preliminary hearing on November 25 at the Van Nuys Courthouse in Los Angeles, Judge Michael Jesic mentioned he needed extra time to go through “17 boxes” of evidence. The Menendez brothers are currently serving life sentences for the murders of their parents, Jose and Kitty, which took place in 1989. They did not appear for the hearing as expected.
This delay comes just a day before the deadline for the Los Angeles County District Attorney’s Office to respond to the brothers’ habeas corpus petition. This petition includes claims that they were sexually abused by their father.
A spokesperson for the brothers’ attorney, Mark Geragos, indicated that a resolution to the habeas corpus petition is unlikely before the January hearings. Family members, including Kitty’s sister Joan VanderMolen, testified during the hearing, expressing support for Lyle and Erik’s potential release.
The Menendez brothers were convicted of murder in 1996 after two trials, with the first one ending in a mistrial. Their case has gained renewed attention with recent documentaries and television series.
Los Angeles County District Attorney George Gascón has previously stated he would recommend a resentencing of 50 years to life for the brothers, making them eligible for parole. He also expressed support for their clemency request from California Governor Gavin Newsom. However, Newsom has indicated he will wait for the opinion of incoming District Attorney Nathan Hochman before making a decision on clemency.
The habeas corpus petition includes a letter from Erik to a cousin that hints at alleged abuse by their father, along with an affidavit from former Menudo member Roy Rosselló, who claims he was also abused by Jose Menendez.
