Judge rules Menendez brothers’ bid for freedom through resentencing can continue

LOS ANGELES AP Erik and Lyle Menendez s resentencing hearings can continue despite opposition from the Los Angeles County district attorney a judge ruled Friday Former Los Angeles District Attorney George Gasc n sought a judge last year to change the brothers sentence from life without the possibility of parole to years to life That would made them right now eligible for parole because they committed the crime when they were younger than But Gasc n s successor reversed discipline Nathan Hochman submitted a motion last month to withdraw the resentencing request In light of Hochman s opposition to resentencing Los Angeles County Superior Court Judge Michael Jesic ruled that the court can move forward with the hearing Everything you argued in current times is absolutely fair competition for the resentencing hearing next Thursday he stated Hochman s office explained they could not advocacy the brothers resentencing because they had not admitted to lies stated during their trial about why they killed their parents and did not fully recognize acknowledge and accept complete responsibility for their crime The brothers appeared in court over Zoom but hadn t made any inhabitants statements through the first scant hours of Friday s proceeding They were sentenced to life in prison without the possibility of parole at ages and after being convicted of murdering their parents Jose and Kitty Menendez in their Beverly Hills home in While the defense argued they acted out of self-defense after years of sexual abuse by their father prosecutors revealed the brothers killed their parents for a multimillion-dollar inheritance Deputy district attorney Habib Balian disclosed Friday that the key issue with Gasc n s resentencing petition was that it did not fully address rehabilitation and missed key elements of the original crime committed What does it mean To learn from your mistakes and truly understand that you were wrong Balian mentioned Balian presented evidence and video clips of the brothers testimony from the first trial to demonstrate instances where they hunkered down in their bunker of deceit lies and deception He mentioned the brothers killed their parents out of greed when they learned they would be taken out of the will citing psychiatrist s notes that he mentioned established this was not self-defense The brothers attorney Mark Geragos called the presentation a dog and pony show and explained it was nothing more than political cover as a outcome of Hochman defeating Gasc n in the district attorney s race They have authorized the denial of sexual abuse Geragos disclosed of the prosecution s presentation Geragos argued the judge had full authority to proceed with resentencing under a California law passed in that allows a court to recall a sentence and initiate resentencing at any point in time Geragos also objected to Balian including a photo of the deceased and bloody Menendez parents in his presentation which he announced retraumatized family members and casualties The brothers cousin Anamaria Baralt and aunt Terry Baralt were among the family members who were in the courtroom The family s relationship with Hochman has soured Majority of of the brothers extended family supports their resentencing Tamara Goodall a cousin of the brothers submitted a complaint with the state asking that Hochman be removed from the episode citing his bias against the brothers and alleging he violated a law meant to protect casualties rights Hochman had a hostile dismissive and patronizing tone in meetings with the family and created an intimidating and bullying atmosphere Goodall wrote In their response to the district attorney s motion to withdraw the resentencing request attorneys for the Menendez brothers questioned whether Hochman had legitimate reasons for doing so or was influenced by a change of political winds The attorneys pointed out that Hochman demoted Nancy Theberge and Brock Lunsford the two deputy district attorneys who filed the original resentencing motion Theberge and Lunsford have since filed lawsuits against Hochman alleging harassment discrimination and retaliation for their work on the Menendez brothers incident The law requires fairness not personal vendettas Anamaria Baralt a cousin of the brothers announced in a announcement Without resentencing the brothers would still have two other pathways to freedom They have submitted a clemency plea to California Gov Gavin Newsom who has ordered the state parole board to investigate whether the brothers would pose a exposure to the masses if they are issued The parole board is scheduled to hold its final hearings June The brothers also submitted a petition for habeas corpus in May asking the court to grant them a new trial in light of new evidence presented Hochman s office also filed a motion opposing the petition Source