Judge sets Menendez brothers' resentencing hearing for next week; assessment shows 'moderate risk' if released
May 9 (UPI) -- A judge on Friday set Erik and Lyle Menendez's resentencing hearing for next week after an evaluation considering the potential danger of their release showed a "moderate risk" of committing violence.
Los Angeles County Superior Court Judge Michael Jesic set the hearing for Tuesday and Wednesday in Van Nuys, Calif.
Jesic is weighing whether they should receive less prison time than life in prison without parole on July 2, 1996. They have already been 35 years behind bars.
Erik, 54, and Lyle, 57, could be eligible for parole immediately after being convicted on March 26, 1996, of their parents' deaths. Jose and Kitty Menendez, were killed on Aug. 20, 1989, and their children were arrested seven months later in 1990. There was mistrial on Jan. 13, 1994, because a jury couldn't reach a unanimous decision.
The brothers said they killed their parents in self-defense after Lyle Menendez confronted their father about sexually abusing his younger brother.
Los Angeles County District Attorney Nathan Hochman gave the results of "comprehensive risk assessments."
Psychologists conducted the assessments, which rank inmate risk levels as low, moderate or high.
California Gov. Gavin Newsom ordered the assessments earlier this year.
Psychologists found that Lyle minimizes rule-breaking, and displays narcissistic and antisocial characteristics, Hochman said in court. Erik is still vulnerable to the influence of others and is not willing or able to self-monitor, Hochman said.
As part of the assessment, Hochman noted that Erik was found with a smuggled cellphone in January, and Lyle was found with a smuggled device in November. Also according to the assessment, Erik allegedly bought and traded drugs and allegedly helped inmates commit tax fraud.
These violations occurred after Hochman's predecessor, George Gascon, said they were exceptional inmates and they should get a new sentence. Gascon noted they were furthering their education and programs to help other inmates.
But Hochman, who was elected in November, doesn't want a new sentencing, saying there are 16 "unacknowledged lies" the brothers have told about the killings. That includes they did it in self-defense.
The judge denied the recommendation for no new trial.
"If someone is willing to risk a rule violation while involved in resentencing, what does that say about conforming to standards of law outside a structured environment?" Hochman told reporters.
Mark Geragos, the brothers' lawyer, said the cellphone violations do not constitute a "super strike" - a serious felony crime. He said that should not "undercut what is 35 years of remarkable work by both brothers" in prison.
Geragos said he will have seven witnesses, including two experts, at the hearing.
More than 20 family members also want the brothers to be freed.
Gascon recommended last year that the Menendez brothers be resentenced to 50 years to life.
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