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Several cousins of Erik and Lyle Menendez testified Tuesday on the brothers’ resentencing listening to that they must be launched after serving just about 30 years in jail for the double homicide in their oldsters, and that they’d welcome them into their properties.
The brothers didn’t display any obvious emotion right through many of the testimony as they seemed by way of livestream video, however chuckled when one in all their cousins, Diane Hernandez, informed the court docket that Erik Menendez gained A+ grades in all of his categories right through his most up-to-date semester in faculty.
A Los Angeles pass judgement on is presiding over the listening to this is anticipated to remaining two days. If he shortens their sentences, the brothers would nonetheless want approval from the state’s parole board to get out of jail. They may then potentially pass loose on time served.
This mixture of 2 reserving pictures supplied by way of the California Department of Corrections presentations Erik Menendez, left, and Lyle Menendez.
California Dept. of Corrections by way of AP, File
They had been sentenced in 1996 to existence in jail with out the opportunity of parole for murdering their father, Jose Menendez, and mom, Kitty Menendez, of their Beverly Hills house in 1989. The brothers had been 18 and 21 on the time of the killings. While protection legal professionals argued the brothers acted out of self-defense after years of sexual abuse by way of their father, prosecutors mentioned the brothers killed their oldsters for a multimillion-dollar inheritance.
Due to wildfires within the LA space, and disputes between LA prosecutors and protection legal professionals, the hearings had been not on time for months.
The case has captured the general public’s consideration for many years — and remaining 12 months, the Netflix drama Monsters: The Lyle and Erik Menendez Story and documentary The Menendez Brothers introduced new consideration to the case. Supporters of the brothers have flown in from around the nation to wait rallies and hearings previously few months.
Hearing starts with testimony from a circle of relatives member
The pass judgement on kicked off the listening to by way of reminding the packed court docket that prosecutors should end up that the brothers are at an “unreasonable risk” of committing critical and violent crimes once more if launched.
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The protection started by way of calling Ana Maria Baralt, a cousin of Erik and Lyle, who testified that the brothers have again and again expressed regret for his or her movements.
“We all, on both sides of the family, believe that 35 years is enough,” Baralt mentioned. “They are universally forgiven by our family.”
Another cousin, Tamara Goodell, mentioned she had not too long ago taken her 13-year-old son to fulfill the brothers in jail, and that they’d give a contribution numerous just right to the arena if launched.
Finally, Hernandez, who additionally testified right through Erik and Lyle’s first trial, spoke concerning the abuse she witnessed within the Menendez family when she lived with them and the so-called “hallway rule.”
“When Jose was with one of the boys … you couldn’t even go up the stairs to be on the same floor,” Hernandez mentioned of the daddy.
Judge to rule on a lesser sentence
The resentencing listening to will heart on whether or not the brothers had been rehabilitated in jail and deserve a lesser sentence of 50 years to existence. That would cause them to eligible for parole underneath California’s younger culprit regulation as a result of they dedicated the crime underneath the age of 26.
Their protection legal professional, Mark Geragos, mentioned out of doors the court docket Tuesday that he desires the pass judgement on to cut back their fees to manslaughter and provides them time served so they can be instantly launched.
FILE – Erik Menendez (L) and his brother Lyle (R) pay attention right through a pre-trial listening to, on December 29, 1992 in Los Angeles after the 2 pleaded blameless within the August 1989 shotgun deaths in their rich oldsters, Jose and Mary Louise Menendez of Beverly Hills, Calif.
Vince Bucci / AFP by way of Getty Images
At least seven members of the family are anticipated to testify on the hearings.
Los Angeles County prosecutors argued towards the resentencing. They say the brothers have now not taken whole duty for the crime.
Geragos emphasised that the aim of resentencing is to “encourage rehabilitation.”
“That is the law,” Geragos mentioned, “not relitigate the facts of the crime as the D.A. wants to do.”
Former district legal professional and circle of relatives strengthen resentencing
The earlier LA County District Attorney George Gascón had opened the door to imaginable freedom for the brothers remaining fall by way of asking a pass judgement on to cut back their sentences. His place of work mentioned the case would’ve been treated another way nowadays because of fashionable understandings of sexual abuse and trauma, and the brothers’ rehabilitation over 3 a long time in jail.
A resentencing petition laid out by way of Gascón specializes in the brothers’ accomplishments and rehabilitation. The brothers’ legal professionals say their shoppers have labored arduous to higher themselves and provides again to the jail neighborhood. The prolonged Menendez circle of relatives, aside from an uncle who died in March, has mentioned they would like the brothers to be freed.
Since their conviction, the brothers have got an schooling, participated in self-help categories and began quite a lot of strengthen teams for his or her fellow inmates.
The new LA prosecutor modified direction
The present district legal professional Nathan Hochman mentioned Tuesday that he believes the brothers don’t seem to be able for resentencing as a result of “they have not come clean” about their crimes. His place of work additionally has mentioned it does now not consider they had been sexually abused.
“Our position is not ‘no,’ it’s not ‘never,’ it’s ‘not yet,’” Hochman mentioned. “They have not fully accepted responsibility for all their criminal conduct.”
Prosecutors additionally say the brothers have now not admitted to mendacity right through their trial.
Recently, prosecutors cited the forensic psychologist’s research that mentioned the brothers had not too long ago damaged jail regulations by way of smuggling cell phones inside of, which Hochman argued demonstrated an incapacity to control their very own habits. It got here to the realization that they had been “moderately more likely” than others to interact in violence locally, Hochman mentioned.
Hochman’s place of work tried two times to withdraw the resentencing petition however each makes an attempt had been rejected by way of Los Angeles County Superior Court Judge Michael Jesic. He may make a decision at the resentencing from the bench or factor a written ruling later.
&replica 2025 The Canadian Press
