Menendez family asks L.A. judge to give brothers a chance at freedom
The resentencing hearing for brothers Erik and Lyle Menendez kicked off Tuesday morning with emotional testimony from family members, one of whom testified in court that they should be freed from prison for the shotgun killing of their parents more than 30 years ago.
Annmaria Baralt, often wiping away her tears, testified that the relatives of victims Jose and Kitty Menendez want a judge to give the brothers a lesser sentence than life without parole for the 1989 murders inside their Beverly Hills mansion.
"Yes, we all on both sides of the family say 35 years is enough," she told Los Angeles Superior Court Judge Michael Jesic in a Van Nuys courtroom. "They are universally forgiven by both sides of their families."
Baralt, whose mother was Jose Menendez's older sister, said the family had endured decades of pain from the scrutiny of the murders.
"From the day it happened... it has been a relentless examination of our family in the public eye," she said, beginning to cry. "It has been torture for decades." She said the family was the butt of repeated jokes on "Saturday Night Live" and lived like outcasts who wore a "scarlet M."
Read more: Menendez brothers' bid for freedom set to reach a courtroom next week
The Menendez brothers have been in prison for more than 35 years after being sentenced to life without the possibility of parole in the gruesome 1989 murders. The brothers bought shotguns with cash and opened fire as their mother and father watched a movie. Jose Menendez was shot five times, including in the kneecaps and the back of the head. Kitty Menendez crawled on the floor, wounded, before one of the brothers reloaded and fired a fatal blast, jurors heard at their two trials.
On the stand Tuesday, Baralt echoed the brothers' justification for killing their parents — saying it was out of fear their father was going to kill them to cover up his past sexual abuse of the boys.
She told the judge that she believes they have changed and are "very aware of the consequences of their actions."
"I don't think they are the same people they were 30 years ago," she said.
If Jesic agrees to resentence them, the brothers would become eligible for parole under California's youthful offender law, since the murders happened when they were under 26. If the judge sides with Los Angeles Dist. Atty. Nathan Hochman, they would still have a path to freedom through Gov. Gavin Newsom, who is weighing a clemency petition. Regardless, Erik and Lyle would still have to appear before the state parole board before they could walk free. Jesic on Tuesday emphasized that the bar to keep them from being resentenced is high, and that they would have to still pose a serious danger to the public.
Read more: Menendez brothers' bid for freedom stalled by fight over parole board document
Prosecutor Habib Balian spent the morning trying to punch holes in the brothers' relatively clean reputations they've gotten behind bars.
Under cross-examination, Baralt admitted that she never thought her cousins were capable of killing their parents until they'd done it, and that prior to their criminal trial decades ago, Lyle Menendez had asked a witness to lie for him on the stand.
Nearly two dozen of the brothers' relatives, including several who testified Tuesday, formed the Justice for Erik and Lyle Coalition to advocate for their release as interest in the case reignited in recent years. The release of a popular Netflix documentary on the murder, which included the unearthing of additional documentation of Jose Menendez's alleged sexual abuse, helped fuel a motion for a new trial.
The family has become increasingly public in its fight for Erik and Lyle's release after Hochman opposed his predecessor's recommendation to re-sentence them. They have repeatedly accused Hochman of bias against the brothers, called for him to be disqualified from the case and alleged he intimidated and bullied them during a private meeting. Hochman has denied all accusations of bias and wrongdoing, and says he simply disagrees with their position.
Kitty Menendez's brother, Milton, was the only member of the family opposed to Erik and Lyle's release, but he died earlier this year. Kathy Cady, who served as his victims' rights attorney, is now the head of Hochman's Bureau of Victims' Services, another point of aggravation for the relatives fighting for the brothers release.
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This story originally appeared in Los Angeles Times.
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