The Menendez brothers, Erik and Lyle, are seeking resentencing after serving more than three decades in prison for the 1989 shotgun killings of their parents, José and Kitty Menendez.
Los Angeles County District Attorney Nathan Hochman revealed the results of a “comprehensive risk assessment,” which stated that the brothers are at a “moderate risk” of committing violence if released from prison.
The big picture: The assessment was part of the brothers’ bid for clemency with California Gov. Gavin Newsom. The assessments rank inmate risk levels as low, moderate, or high.
- A hearing on the brothers’ resentencing request has been set for May 13 and 14. If the judge decides to resentence them, they could be eligible for parole immediately.
Driving the news: The brothers claimed they killed their parents in self-defense after Lyle confronted their father about sexually abusing his younger brother. However, prosecutors have described the killings as cold-blooded and financially motivated.
What we’re watching: Los Angeles County Superior Court Judge Michael Jesic has been tasked with determining how to incorporate the risk assessment findings into the resentencing proceedings.
Go deeper: In court, the district attorney highlighted violations by the brothers, such as being found with smuggled cellphones. These violations occurred after a previous recommendation for resentencing by a predecessor of the district attorney.
- Hochman has opposed resentencing, citing 16 alleged “unacknowledged lies” by the brothers regarding the killings. He also mentioned the risk assessments as grounds to withdraw the resentencing recommendation, but his attempt was denied.
- According to the evaluations, Lyle displays narcissistic and antisocial characteristics and minimizes rule-breaking, while Erik remains vulnerable to influence and is not willing or able to self-monitor.
- The brothers’ lawyer, Mark Geragos, argued that the cell phone violations should not deter Jesic from resentencing them, describing Hochman’s opposition as an attempt to undermine the brothers’ 35 years of remarkable work in prison.
- Jesic was expected to rule on the defense’s effort to disqualify Hochman from the resentencing proceedings, but the motion was withdrawn during the hearing.
