The Menendez brothers' bid for a shorter sentence and possible release is delayed again

LOS ANGELES — Erik and Lyle Menendez's bid for shorter sentences and a shot at freedom has again been delayed due to disputes among prosecutors and the brothers' lawyers.

Los Angeles Superior Court Judge Michael Jesic on Thursday set a new hearing for May 9 to tackle two issues in the brothers' resentencing case: whether material from risk assessments completed by the state parole board at the governor's order can be used in court, and whether the Los Angeles County district attorney should be removed as prosecutor in the case. The resentencing hearings will be on pause until those issues are resolved next month.

The brothers were sentenced in 1996 to life in prison without the possibility of parole for fatally shooting their entertainment executive 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. 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.

The case has captured the public's attention for decades, and the Netflix drama '' Monsters: The Lyle and Erik Menendez Story '' and a subsequent documentary brought new attention. Reporters from dozens of media outlets crowded outside the courthouse Thursday and vied for space inside.

Confusion and more delays

Gov. Gavin Newsom's office notified the district attorney's office and the court earlier this week that part of the risk assessment he recently ordered had been completed. Prosecutors filed a motion late Wednesday to delay the resentencing hearings so the court could obtain those reports and consider them in its decision.

There was confusion in the courtroom Thursday over exactly what those reports contained and if they could be used.

''We believed it constituted additional facts that the court should consider in deciding whether or not the Menendez brothers do pose a risk of danger to society,'' Los Angeles County District Attorney Nathan Hochman said outside court.

The resentencing hearings, which were supposed to take place Thursday and Friday, center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence that could make them eligible for release.

Former Los Angeles County District Attorney George Gascón had requested their sentences be reduced to 50 years with the possibility of parole. But their defense attorney, Mark Geragos, said Thursday he'll ask the judge to reduce their charges to manslaughter, allowing them to be immediately released.

The brothers' hearing has been delayed several times. An initial hearing scheduled for January was postponed due to the LA fires and prosecutors' attempt to withdraw their sentencing request.

Arguing in the courtroom

Neither the judge nor the brothers' attorneys had seen the parole board report that spurred heated arguments in the packed courtroom on Thursday.

''I need clarification from the governor's office,'' Jesic said. ''This is stupid.''

Prosecutors, who had seen the report intended for a separate June 13 parole board hearing, argued they should be able to use it. Deputy District Attorney Habib Balian said the report was relevant and necessary.

''If there is a report out there assessing the risk of violence, how do we not use it?" Habib said.

The governor's office confirmed that part of the risk assessment was shared with relevant parties for review 60 days before the June clemency hearing, per California law. They also notified the judge of the status of the report and offered to share it if requested, but said it was not a stand-alone risk assessment.

The brothers watched the proceedings via video from a correctional facility near San Diego, and could be seen in their blue prison garb on a screen in the courtroom. They showed no obvious reaction to the arguments.

Family denounces Hochman

Geragos angrily denounced Hochman for discussing the parole board report during a morning news conference and said he'll file a motion to remove Hochman from the case. Hochman was elected in November 2024 and does not support resentencing.

Hochman last month reversed his office's support for the brothers' resentencing, saying they have not admitted to lies told during their trial about why they killed their parents, or that they asked their friends to lie for them in court. Hochman's office has also said it does not believe that the brothers were sexually abused by their father and that by speaking about their childhood abuse, they have not taken complete responsibility for the crime.

The extended Menendez family, with the exception of an uncle who died last month, has said they fully forgive the brothers for what they did and want them to be freed. The brothers' attorneys say their clients have worked hard over the decades to better themselves and give back to the prison community.

Menendez cousin Tamara Goodell filed a complaint in March alleging Hochman had violated her rights as a victim under California law and was ''hostile, dismissive and patronizing'' during a meeting with the family.

''I don't feel safe with him,'' Goodell said after Thursday's hearing.

Then, prosecutors showed a gruesome photo of the 1989 crime scene during a hearing last Friday without warning.

''That's not dignity,'' said Bryan Freedman, who is representing Menendez relatives. ''That's disrespect. That's harassment.''

Balian apologized for the lack of a warning, but added, ''Erik and Lyle Menendez caused that carnage, not me.''