After months of delays and near-derailment, Erik and Lyle Menendez will get their first major shot at freedom at a resentencing hearing next week.
A Los Angeles judge ruled Friday that the brothers’ previously paused two-day hearing will take place next Tuesday and Wednesday. Relatives and experts — and possibly Erik and Lyle themselves — are expected to testify about the brothers’ level of rehabilitation after 35 years in prison.
Judge Michael Jesic revived the crucial hearing at a dramatic morning showdown that started with defense lawyer Mark Geragos withdrawing his motion to kick LA District Attorney Nathan Hochman off the case. Hochman then got up tried to block the brother’s bid yet again, claiming Erik and Lyle are “not ready” for release based on the findings of a new Comprehensive Risk Assessment (CRA) report compiled by state parole officials. The CRA, which is not finalized, was created as part of Gov. Gavin Newsom’s review of a separate clemency bid by the brothers, which has a hearing set for June 13.
Judge Jesic said he reviewed the CRA and found it to be “subjective” and filled with “so many caveats.” He ultimately ruled that it wasn’t grounds for Hochman’s office to terminate the resentencing process initiated by Hochman’s more liberal predecessor, George Gascón, last October. When he announced his recommendation for resentencing last year, Gascón said he had take into consideration the brothers’ young ages at the time they killed their parents in 1989 — Erik was 18 and Lyle was 21 — and their exemplary behavior behind bars. Gascón recommended the brothers’ former life sentences be thrown out in favor of new sentences of 50 years to life, which would make them immediately eligible for parole.
“By not allowing the DA to withdraw, there is now a presumption, and the presumption is that unless Erik or Lyle is likely to commit a super strike — which nobody is suggesting, nobody — the presumption is that they should be resentenced,” Geragos, the defense attorney, told reporters after the hearing. “We have the utmost faith in Judge Jesic to do the right thing, [and] next Wednesday or Tuesday, they will be resentenced. And hopefully they then go back to where they belong, which is with their family and everybody else. That’s our hope.” (Super strikes are major violent crimes such as murder, rape or assault with a deadly weapon.)
During the hearing, Hochman revealed details in the CRA report not previously known. He said Lyle was cited for possessing a cell phone in violation of prison rules three times in 2024, including as recently as November 2024. Hochman said Erik was found with a cell phone in January 2025.
According to Hochman, the CRA reported that Lyle minimized his alleged violations and “often downplayed his behaviors as victimless.” Hochman said the report suggested Lyle displayed “narcissistic and anti-social personality traits” that caused him to “look for the easiest way to get what he wants.” At this point, Geragos interrupted and protested. The judge sustained his objection regarding the “analysis of the psychologist.”
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When it came to Erik, Hochman said the younger Menendez “remains vulnerable to the influences of others, including his brother.” The DA also cited mentions in the report that Erik had admitted he “purchased” drugs and allegedly “assisted other inmates in committing tax fraud” earlier in his prison term.
When it was his turn to speak, Geragos accused Hochman of staging a “PR stunt” when he revealed details of the confidential CRA report in open court. He said the report was developed for use outside the resentencing process by officials with “extensive training” on how to interpret it. He said Hochman had divulged details in “direct violation of the CRA process.
In denying Hochman’s attempt to stop the resentencing hearing, the judge called the psychologists’ findings in the CRA report “subjective” and subject to change. He also noted the psychologists weren’t available for cross-examination by the defense. He said that overall, he didn’t see anything “so serious” that the resentencing hearing should be thwarted.
Outside the courthouse, Geragos blasted Hochman again. “When he brought that up, I was going to say, ‘Mr. Hochman, are they talking about you and [your] potential narcissistic tendencies?’ That was my immediate reaction. Can you imagine if we did a psychological assessment of Mr. Hochman in this case? It would be wild to get the conclusions,” Geragos said. The lawyer said he knew about the phone violations and had shared them with the prior district attorneys on the resentencing effort under Gascón.
Anamaria Baralt, a cousin to Lyle and Erik who acts as the family’s spokesperson, said after the hearing that she remains hopeful the brothers will gain their freedom. She and other family members have been clear they support early release. She said Lyle in particular had to spend years in maximum-security detention with “the most dangerous people” and never had a violent infraction behind bars.
“Do you mean to tell me that he’s going to be released from that environment and all of a sudden become violent? That doesn’t make sense. That is not a rational argument,” she said, asking detractors to look at the “bigger picture.” She said the brothers have “already paid a huge debt to society.”
“They are ready for that second chance,” Baralt said.
From Rolling Stone US
