Menendez Brothers' resentment hearing begins after months of delay | Los Angeles

Erik and Lyle Menendez returned to court Tuesday for a long-awaited hearing in which a Los Angeles judge will decide whether the brothers have a chance to be free after nearly three decades of jail for their parents' double murder in 1989.

After months of delays, the resentment hearing is underway and is expected to last for two days. If Judge Michael Jesic shortens the brothers’ verdict, they still need to obtain approval from the state parole board to be released.

Erik, 54, and Lyle, 57, were convicted in 1996, convicted of first-degree murder in the first-degree murder case in the a-shooting killing of entertainment executives Jose Menendez and Kitty Menendez. They were sentenced to life imprisonment in prison with no possibility of parole.

Defense attorneys said that at the time of the 1989 murder, the brothers were only 18 and 21 years old in the 189 murders, killing their parents in self-defense after years of sexual abuse by their father, but prosecutors believe the brothers wanted their multimillion-dollar inheritance rights and that they were not abused.

The brothers have long argued about their innocence and have recently sought freedom through a variety of legal avenues, including a new trial based on new evidence of their father's abuse, the governor's leniency and the demand for repentance. Their resentment hearings have been repeatedly delayed since January due to wildfires and disputes between defense and prosecution.

This week's resentment hearing will focus on whether the brothers have recovered in prison and should be sentenced to 50 years less. Under this judgment, under California’s young offender law, they will be eligible for parole because they committed crimes under the age of 26.

In April, Mark Geragos, the brothers’ high-profile defense attorney, said he plans to ask the Los Angeles County Judge Jesus Conference to reduce charges of manslaughter, which could allow them to be released from prison immediately.

Like previous lawsuits, the brothers actually appeared at a hearing Tuesday. It is not clear whether they will testify. Supporters of the brothers who flew around the country were expected to attend.

Geragos said he plans to call at least seven family members to testify at the hearing - in addition to his recently deceased uncle, Menandes' extended family said they forgave the brothers and hoped they were released. Among them are Erik and Erik and Lyle's cousin Anamaria Baralt, who said Tuesday she appeared on court on behalf of them as many as 15 times over the years. “They are generally forgiven by the family,” she said.

Los Angeles County prosecutors object to resentment and to do so. They said the brothers were not responsible for the crime. Prosecutors may refer to preliminary findings from forensic psychologists who examine whether the brothers pose a risk to society, an assessment ordered by the National Parole Board.

Progressive former Los Angeles County District Attorney George Gascón suggested being outraged by the brothers, which would be the door for them to release. He said he believed the brothers “experienced a lot of dysfunction and harassment, and his office handled cases differently because of a modern understanding of sexual abuse. He also pointed to the brothers’ recovery in decades of prison. In prison, Erik and Lyle earned college degrees and served as mentors and caregivers.

Current District Attorney Nathan Hochman inherited Gascón, quickly turned the course around and said he opposed the brothers' grudges. He believes the brothers are not fully responsible, and his office says it doesn't believe they are being abused.

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The prosecutor also said the brothers did not admit to lying during the trial.

They cite an analysis by forensic psychologists, which says the brothers recently violated prison rules by smuggling their cell phones, which Hawkman believes suggests that their behavior is not allowed to be regulated. Hockman said the conclusion was that they were “moderately likely” to commit violence in the community than others.

With Hochman in the DA, prosecutors tried to withdraw their office's petition of resentment twice. Jesus ruled twice that despite opposition, the indignant hearing could continue.

Hochman said outside the court Tuesday morning that he believes the brothers have not "no cleanup" of the crime and are not ready to be resentful.

"Our position is not 'no'; it's not 'never'. It's not ' yet," Hawkman said. "They are not fully accepting responsibility for all crimes."

A judge can decide on resentment from the bench during the hearing, or make a written decision later.