Menendez brothers could leave prison in days as resentencing hearing for killings of parents begins

Erik and Lyle Menendez can have a brand new shot at freedom after 35 years behind bars for murdering their mother and father, a decide within the US dominated this morning.

Los Angeles County Superior Court docket Choose Michael Jesic decreased the brothers’ sentences from life with out parole to 50 years to life.

They’re now eligible for parole below California’s youthful offender regulation as a result of they dedicated the crime below the age of 26. The state parole board should nonetheless resolve whether or not to launch them from jail.

“I killed my mum and dad. I make no excuses and also no justification,” Lyle stated in a press release to the courtroom.

“The impact of my violent actions on my family … is unfathomable.”

Erik additionally spoke about taking duty for his actions and apologising to his household.

“You did not deserve what I did to you, but you inspire me to do better,” he stated.

“I’m not saying they should be released, it’s not for me to decide,” Jesic stated.

“I do believe they’ve done enough in the past 35 years, that they should get that chance.”

The brothers didn’t present any obvious emotion throughout many of the testimony as they appeared by way of livestream video.

They had been sentenced in 1996 to life in jail with out the potential for parole for murdering their father, Jose Menendez, and mom, Kitty Menendez, of their Beverly Hills residence in 1989.

The brothers had been 18 and 21 on the time.

Whereas defence attorneys argued the brothers acted out of self-defence after years of sexual abuse by their father, prosecutors stated the brothers killed their mother and father for a multimillion-dollar inheritance.

The case has captured the general public’s consideration for many years – and final yr, 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 throughout the nation to attend rallies and hearings previously few months.

The defence made their case heard

“I just know that on a day like today, redemption is possible,” defence lawyer Mark Geragos stated.

“The fact is the Menendez brothers have done remarkable work. Today is a great day after 35 years.

“We have now advanced. This isn’t the ’90s anymore. We have now a extra strong understanding of plenty of issues.”

The defence began by calling Ana Maria Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed remorse for their actions.

“All of us, on each side of the household, imagine that 35 years is sufficient,” Baralt said.

“They’re universally forgiven by our household.”

Another cousin, Tamara Goodell, said she had recently taken her 13-year-old son to meet the brothers in prison, and that they would contribute a lot of good to the world if released.

Diane Hernandez, who also testified during Erik and Lyle’s first trial, spoke about the abuse she witnessed in the Menendez household when she lived with them and the so-called “hallway rule.”

“When Jose was with one of many boys … you could not even go up the steps to be on the identical flooring,” Hernandez said of the father.

Judge reduced charge to manslaughter

Attorneys for the brothers proved they had been rehabilitated in prison and deserve a lesser sentence of 50 years to life.

They’re now eligible for parole under California’s youthful offender law because they committed the crime under the age of 26.

The judge reduced their charges to manslaughter, and gave them time served to allow them to be immediately released.

Los Angeles County prosecutors argued against the resentencing.

They said the brothers have not taken complete responsibility for the crime.

Geragos emphasised that the purpose of resentencing is to “encourage rehabilitation”.

“That’s the regulation,” Geragos said, “not (to) relitigate the info of the crime because the D.A. desires to do.”

Former district attorney and family support resentencing

The previous LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences.

His office said the case would’ve been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers’ rehabilitation over three decades in prison.

A resentencing petition laid out by Gascón focuses on the brothers’ accomplishments and rehabilitation.

The brothers’ attorneys say their clients have worked hard to better themselves and give back to the prison community.

The extended Menendez family, with the exception of an uncle who died in March, has said they fully forgive the brothers for what they did and want them to be freed.

Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates.

A former judge who said he considered himself tough on crime, Jonathan Colby, told the court that he was impressed with the programs the brothers started during their time in prison to provide aid and care for older and disabled inmates.

He got to know them over a series of prison visits.

“There’s not many prisoners I meet like Erik and Lyle which have such concern for the aged,” he said.

Former inmate Anerae Brown cried as he testified about how the brothers helped him heal and get on the path to rehabilitation, leading to his release from prison.

He called the programs they started “Menendez College”.

“I’ve youngsters now,” he said.

“With out Lyle and Erik I’d nonetheless be sitting in there doing silly issues.”

The new LA prosecutor changed course

The current district attorney Nathan Hochman reversed course from Gascón and opposed the brothers’ resentencing.

Hochman’s office has said it does not believe that the brothers were sexually abused by their father.

Prosecutors also say the brothers have not admitted to lying during their trial.

Outside the courthouse Tuesday morning, Hochman said he believes the brothers are not ready for resentencing because “they haven’t come clear” about their crimes.

“Our place is just not ‘no,’ it is not ‘by no means,’ it is ‘not but,'” Hochman said.

“They haven’t absolutely accepted duty for all their prison conduct.”

Recently, prosecutors cited the forensic psychologist’s analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behaviour.

It came to the conclusion that they were “reasonably extra doubtless” than others to engage in violence in the community, Hochman said.

With Hochman in charge, prosecutors attempted twice to withdraw their office’s resentencing petition. Los Angeles County Superior Court Judge Michael Jesic ruled both times that the resentencing hearings could continue despite their opposition.

The decide may resolve on the resentencing from the bench in the course of the listening to or problem a written ruling later.