LA judge to decide whether the Menendez brothers should be freed

By JAIMIE DING Associated Press After months of delays a hearing starts Tuesday to decide whether Erik and Lyle Menendez should get a chance at freedom after serving nearly years in prison for the double murder of their parents A Los Angeles judge will preside over the resentencing hearing that is expected to last two days If he shortens their sentences the brothers would still need approval from the state s parole board to get out of prison They could then potentially go free on time served They were sentenced in to life in prison without the possibility of parole for murdering their father Jose Menendez and mother Kitty Menendez in their Beverly Hills home in The brothers were and at the time of the killings While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father prosecutors stated the brothers killed their parents for a multimillion-dollar inheritance FILE Lyle left and Erik Menendez leave a courtroom in Santa Monica Calif Aug after a judge ruled that conversations between the brothers and their psychologist after their parents were slain were not privileged and could be used as evidence AP Photo Nick Ut File Due to wildfires in the LA area and disputes between LA prosecutors and defense attorneys the hearings were delayed for months The scenario has captured the residents s attention for decades and last year the Netflix drama Monsters The Lyle and Erik Menendez Story and documentary The Menendez Brothers brought new attention to the scenario Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past inadequate months Here s what to expect this week Judge to rule on a lesser sentence The resentencing hearing will center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence of years to life That would make them eligible for parole under California s youthful offender law because they committed the crime under the age of Related Articles Denver won t extend contract for license-plate readers But cameras at intersections aren t coming down soon Harsh sentencing in Colorado municipal courts is unfair and deeply troubling Letters Luigi Mangione pleads not guilty to federal death penalty charge in UnitedHealthcare CEO s killing Hegseth pulled airstrike info from secure military channel for Signal posts NBC News reports Colorado fights Trump administration bid to help imprisoned loyalist Tina Peters Their defense attorney Mark Geragos declared in April he may ask the judge to reduce their charges to manslaughter potentially allowing them to be straightaway published Geragos declared last Friday that he plans to call at least seven family members to testify at the hearings As in previous proceedings the brothers will appear virtually It was unclear if they will testify Los Angeles County prosecutors will be arguing against the resentencing They say the brothers have not taken complete responsibility for the crime Prosecutors will likely reference the preliminary findings from a forensic psychologist who looked at whether the brothers pose a jeopardy to society if distributed an assessment ordered by the state parole board The admissibility of the results in court have been a point of contention for the two sides as they have not been made populace but the judge announced last Friday that a few parts can be included Former district attorney and family help resentencing The previous LA County District Attorney George Gasc n had opened the door to accomplishable freedom for the brothers last fall by asking a judge to reduce their sentences His office commented the circumstance would ve been handled differently in the current era due to modern understandings of sexual abuse and trauma and the brothers rehabilitation over three decades in prison A resentencing petition laid out by Gasc n 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 region The extended Menendez family with the exception of an uncle who died in March has explained they fully forgive the brothers for what they did and want them to be freed Since their conviction the brothers have gotten an coaching participated in self-help classes and started various endorsement groups for their fellow inmates The new LA prosecutor changed subject The current district attorney Nathan Hochman reversed program from Gasc n and opposed the brothers resentencing Hochman s office has revealed 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 In the past few days they cited the forensic psychologist s analysis that explained the brothers had in recent weeks broken prison rules by smuggling cellphones inside which Hochman argued demonstrated an inability to regulate their own behavior It came to the conclusion that they were moderately more likely than others to engage in violence in the population Hochman announced 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 judge could decide on the resentencing from the bench during the hearing or issue a written ruling later