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Winnipeg Free Press
15-05-2025
- Winnipeg Free Press
Judge in LA delays until January decision on resentencing Menendez brothers
LOS ANGELES (AP) — A judge on Monday delayed until January his decision on whether to resentence Erik and Lyle Menendez for killing their parents in their Beverly Hills mansion 35 years ago, squashing their family's hope the brothers would be released and home for the holidays. Superior Court Judge Michael Jesic said at the hearing in Los Angeles that he needed time to review 17 boxes of documents and give a new district attorney in Los Angeles County time to weigh in on the case. 'I'm not ready to go forward,' Jesic said, setting the hearing for the resentencing request for Jan. 30 instead of Dec. 11 as originally planned. The brothers were scheduled to be seen in court for the first time in decades at the hearing but technical problems prevented them from appearing virtually from a San Diego prison. They were found guilty of murdering Jose and Kitty Menendez in 1989 and sentenced to life in prison without parole. While their defense attorneys argued at trial that they had been sexually abused by their father, prosecutors denied that and accused them of killing their parents for money. In the years that followed, they repeatedly appealed their convictions without success. Now, at 53 and 56, Erik and Lyle Menendez are making a new bid for freedom. Their lawyers filed a habeas corpus petition — a request for a court to examine whether someone is being lawfully detained — in May 2023, asking a judge to consider new evidence of their father's sexual abuse. The brothers are being held at the Richard J. Donovan Correctional Facility in San Diego. Jesic allowed the brothers' two aunts to take the stand on Monday after their attorney argued that it was difficult for them to travel for the hearing. Joan Andersen VanderMolen, Kitty Menendez's sister who turns 93 on Tuesday, and Teresita Baralt, Jose's older sister who is 85, asked for their release, saying 35 years was a long time for the brothers after suffering abuse as children. Andersen VanderMolen had said last month that she had hoped her nephews would be released and home for her birthday or the holidays. Baralt noted that she was close to Jose and lived for years across the street from him and Kitty, who Baralt described as her best friend. 'We miss those who are gone tremendously,' Baralt testified through tears. 'But we miss the kids too.' Both aunts said they had kept in contact with the brothers, though they had not seen them in person for years. The hearing lasted less than an hour. Mark Geragos, an attorney for the brothers, started to address the media outside the courthouse but he cut it short and walked off as journalists crowded him. The recent releases of the Netflix drama ' Monsters: The Lyle and Erik Menendez Story ' and the documentary 'The Menendez Brothers' in 2024 brought renewed attention to their plight. Rose Castillo, a 28-year-old true crime enthusiast, arrived from Miami five minutes too late to enter the lottery and win one of the few seats offered to the public to attend the hearing, but glimpsed the brothers' family members before they entered the courthouse. 'That was crazy,' Castillo said. A courthouse bailiff told people to stop taking pictures of the relatives as they waited in the hallway before the hearing began. Prosecutors recommended resentencing for the brothers last month, saying they have worked on redemption and rehabilitation and demonstrated good behavior inside prison. Los Angeles District Attorney George Gascón asked for new sentences that could make them immediately eligible for parole. The brothers' extended family has said they deserve to be free after decades behind bars. Several family members have said that in today's world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life. Not all Menendez family members support resentencing. Attorneys for Milton Andersen, the 90-year-old brother of Kitty Menendez, filed a legal brief asking the court to keep the brothers' original punishment. 'They shot their mother, Kitty, reloading to ensure her death,' Andersen's attorneys said in a statement last month. 'The evidence remains overwhelmingly clear: the jury's verdict was just, and the punishment fits the heinous crime.' The new evidence includes a letter Erik Menendez wrote in 1988 to his cousin, Andy Cano, describing the sexual abuse he had endured from his father. The brothers asked their lawyers about it after it was mentioned in a 2015 Barbara Walters television special. The lawyers hadn't known of the letter and realized it had not been introduced at their trials, making it effectively new evidence that they say corroborates allegations that Erik was sexually abused by his father. More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward saying he had been drugged and raped by Jose Menendez when he was a teen in the 1980s. Menudo was signed under RCA Records, where Jose Menendez was chief operating officer. Rossello spoke about his abuse in the Peacock docuseries 'Menendez + Menudo: Boys Betrayed,' and provided a signed declaration to the brothers' lawyers. Had these two pieces of evidence been available during the brothers' trial, prosecutors would not have been able to argue that there was no corroboration of sexual abuse, the petition states. While clemency might be another pathway to freedom for the brothers, California Gov. Gavin Newsom said last week that he won't decide until incoming Los Angeles District Attorney Nathan Hochman, who takes office on Dec. 2, reviews the case. Hochman, a Republican-turned-independent who unseated the progressive Gascón, said Jesic's decision to delay the hearing will give him enough time to 'review the extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult with prosecutors, law enforcement, defense counsel and victim family members.' ___ This story was first published on Nov. 25, 2024. It was updated on May. 15, 2025 to correct Andy Cano's relationship with the Menendez brothers. He is their cousin, not uncle.
Yahoo
13-05-2025
- Yahoo
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. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
13-05-2025
- Los Angeles Times
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 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 cast outs who wore a 'Scarlett M.' The Menendez brothers have been in prison for more than 35 years after being sentenced to life in prison 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 re-sentence them, the brothers would become eligible for parole under California's youthful offender law since the murders happened when they were under the age of 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. Prosecutor Habib Balian spent the morning trying to punch holes in the brothers' relatively squeaky-clean reputations they've gotten behind bars since their convictions. 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'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.
Yahoo
15-04-2025
- Yahoo
Menendez brothers' aunt hospitalized after DA shares graphic photos in court: 'There was no warning'
An elderly aunt of Lyle and Erik Menendez is in intensive care after prosecutors showed graphic crime scene images during the brothers' hearing on Friday, according to a spokesperson for the family. The Justice for Erik and Lyle Coalition, a family-led initiative advocating for the release of the brothers, is calling for immediate accountability and oversight following a "disturbing and reckless decision" by the Los Angeles District Attorney's Office during Friday's court hearing that sent Terry Baralt, 85, to the hospital. "We are devastated to share that Terry Baralt has been hospitalized and is in critical condition following the Los Angeles District Attorney's Office's cruel and careless conduct in court," a statement from the family read. "No physical pain has ever kept her from being there for her nephews. But the display put on by the DA's office pushed her past the brink." Baralt, who is Jose Menendez's sister, is battling colon cancer, but traveled from her home in New Jersey to Los Angeles to support her nephews at their hearing, where the family said she was forced to witness graphic images, including her brother's body. Los Angeles Da Slams Menendez Brothers For 'Bunker Of Lies' Ahead Of Fight Against Reduced Sentences "Without notice, prosecutors chose to show a graphic, unredacted image of José's dead body directly in front of us, his surviving family. No one prepared us. There was no warning, no humanity – just shock and pain inflicted on people who have already endured decades of grief," the statement continued. Read On The Fox News App The family spokesperson shared with Fox News Digital that Baralt remains in critical condition at a Los Angeles hospital. The Menendez family has also called for the Los Angeles County District Attorney's Office to be removed from the case after showing the graphic images, saying their use of the photo violated California's Marsy's Law, which they noted "guarantees victims the right to be treated with fairness and respect for their privacy and dignity, and free from intimidation, harassment, and abuse throughout the criminal justice process." "This wasn't just cruel. It was a clear violation of our rights," the family wrote. "The display was retraumatizing, completely avoidable, and we believe it was intentional. The District Attorney's Office knew what the law required and deliberately chose to ignore it. We are holding them fully responsible for the profound pain we are suffering right now. The shock and heartbreak we feel cannot be put into words." If Menendez Brothers Admit To 'Lies,' Los Angeles Da May Reconsider Resentencing Motion To Free Them: Report Los Angeles District Attorney Nathan Hochman's office shared a statement with Fox News Digital saying that prosecutors did not intend to "cause distress or pain" to those in attendance at the hearing. "To the extent that the photographic depiction of this conduct upset any of the Menendez family members present in court, we apologize for not giving prior warning that the conduct would be described in detail not only in words but also through a crime scene photo," Hochman's office wrote. Hochman's office also explained that the Menendez brothers' decision to file a habeas petition in 2023 and a request for clemency and resentencing in 2024 was "certainly going to trigger emotions for all those concerned in a case after staying dormant for over 18 years." "We never intend to cause distress or pain to individuals who attend a court hearing," Hochman's office said. "We understand the nature of the evidence of these heinous double murders was deeply emotional. However, by design, these hearings are intended to be a place where the truth, no matter how painful, is brought to light. That truth starts with the abject brutality and premeditation of the murders themselves." California Gov Newsom Sets Menendez Brothers Parole Board Hearing Date In Bid For Clemency LA County Superior Court Judge Michael Jesic handed down a win to the Menendez brothers during Friday's hearing, deciding against withdrawing their petition for a new trial. The decision comes after District Attorney Nathan Hochman told reporters on March 10 that he was seeking to withdraw former District Attorney George Gascon's motion for a resentencing hearing, which he filed days before losing re-election. Resentencing proceedings will continue on April 17 and 18, Jesic said. Follow The Fox True Crime Team On X The Menendez brothers and their supporters have been pushing for a resentencing hearing, saying the brothers were unfairly convicted to life in prison in 1996 for murdering their two parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989. Both Lyle and Erik Menendez have since come forward in documentaries and on social media claiming their father sexually abused them, offering a different narrative of the killings than the story their attorneys told in the 1990s. Menendez Brothers Resentencing: What Happens Next? Hochman previously told ABC News that he would consider resentencing both brothers "sincerely and unequivocally admit, for the first time in over 30 years, the full range of their criminal activity and all the lies that they have told about it." SIGN UP TO GET True Crime Newsletter The district attorney wrote in his motion that he believes the Menendez brothers "have repeatedly lied about the case, their parents, and their interactions with witnesses." GET REAL-TIME UPDATES DIRECTLY ON THE True Crime Hub Their first trial ended in a mistrial, when jurors couldn't agree on their fate. After a second trial in the mid-1990s, in which some of their evidence about the alleged sexual abuse was excluded, jurors agreed with prosecutors that their motive was greed. Watch On Fox Nation: Menendez Brothers: Victims Or Villains? If the judge decides to resentence the Menendez brothers, it will then be up to the state parole board to consider their release. They are already scheduled to appear before the board on June 13 as part of a comprehensive risk assessment report ordered by California Governor Gavin Newsom, who is considering the brothers' clemency request – a separate potential path out of prison. Fox News Digital's Michael Ruiz and Audrey Conklin contributed to this report. Original article source: Menendez brothers' aunt hospitalized after DA shares graphic photos in court: 'There was no warning'
Yahoo
14-04-2025
- Yahoo
Menendez brothers' aunt hospitalized after DA shares graphic photos in court: 'We are devastated'
Erik and Lyle Menendez's 85-year-old aunt, Terry Baralt, has been hospitalized after prosecutors showed graphic crime scene images at the brothers' hearing, the family said. The relatives are slamming the Los Angeles County District Attorney's Office for their "cruel" presentation in court on Friday and said they're taking formal action to demand DA Nathan Hochman's office be removed from the case. Lyle and Erik Menendez -- who are serving life in prison without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez -- are fighting to be released after 35 years behind bars. Over 20 of their relatives are pushing for their release, arguing they endured horrific abuse, have admitted guilt and apologized, and have used their decades in custody to help others. Baralt, who is Jose Menendez's sister, is battling colon cancer. But she traveled from her home in New Jersey to Los Angeles to support her nephews at their hearing, where the family said she was forced to -- without warning -- witness grisly images, including her brother's body. "No physical pain has ever kept her from being there for her nephews," the family said in a statement on Sunday. "But the display put on by the DA's office pushed her past the brink." MORE: Menendez brothers' resentencing hearing to move forward after judge denies DA's motion Baralt was found unresponsive on Sunday morning and was hospitalized in critical condition, the family said. "We are devastated," the family said. "Terry may not recover from what was done to her -- and to all of us -- in that courtroom," the family said. "We deserve better. We firmly believe that if the DA's office had shown even an announce of consideration for us, as victims, we would not be hoping for one more day with Terry right now." The family said the graphic display violated Marsy's Law -- California's bill of rights for victims -- specifically noting it states that a victim is entitled "to be treated with fairness and respect" and be "free from intimidation, harassment, and abuse." MORE: Menendez brothers case: DA asks court to withdraw resentencing motion, calls self-defense claims 'lies' "Being tough on crime is important, it's good," Menendez family attorney Bryan Freedman said. "But that's tough on crime -- not creating fear and pain and trauma in family members." The DA's office apologized "for not giving prior warning," saying in a statement Sunday, "We never intend to cause distress or pain to individuals who attend a court hearing." "However, by design, these hearings are intended to be a place where the truth, no matter how painful, is brought to light," the DA's office added. "That truth starts with the abject brutality and premeditation of the murders themselves. ... There has never been an objection to describing this highly brutal, murderous conduct in words, nor did anyone object to this office when such crime scene images were recently shown on a Netflix documentary." "We caution anyone attending a hearing in person to be prepared for some of the difficult details and images surrounding these tragic circumstances," prosecutors added. The family initially asked for Hochman's removal from the case last month, calling his behavior "hostile," "patronizing" and "re-traumatizing." MORE: Menendez brothers timeline: From the 1989 murders to their new fight for freedom "[The prosecutors] have shown again and again that they are incapable of handling this process with the fairness, care, or neutrality required by law," the family said Sunday. Friday's hourslong hearing was regarding Hochman's motion to withdraw the brothers' resentencing petition -- submitted under the previous district attorney, George Gascón, who supported the brothers' release. Hochman, who defeated Gascón in the November election, has argued Lyle and Erik Menendez haven't taken responsibility for their actions and he called their claims of self-defense part of a litany of "lies." The judge on Friday denied Hochman's motion and said the brothers' official resentencing hearing will proceed as planned on April 17 and 18, bringing them one step closer to potential freedom. ABC News' Matt Gutman and Lisa Sivertsen contributed to this report. Menendez brothers' aunt hospitalized after DA shares graphic photos in court: 'We are devastated' originally appeared on
