Latest news with #ComprehensiveRiskAssessment
Fox News
13-05-2025
- Fox News
Menendez brothers face 'moderate risk' label in bid for resentencing
incoming update… The details of the brothers' Comprehensive Risk Assessment (CRA) came to light during court as Los Angeles County District Attorney Nathan Hochman and his office attempted to have Judge Michael Jesic halt the resentencing process. Hochman's office failed as Judge Jesic said "there was nothing significantly new in the CRA or otherwise for him to stop the process." But before the judge made his final ruling, which cleared the way for Erik and Lyle Menendez's resentencing to proceed, Hochman detailed why new evidence in the CRA reports raised red flags. Hochman shared the findings from each CRA report, which is done by state psychologists from the state parole office, that determine the overall risk assessment of likelihood to commit violence after the release of both Menendez brothers. He argued that the pair is not "low-risk" but more elevated. Each report found that Erik and Lyle, in recent months, had been cited for breaking prison rules for contraband violations, specifically the possession of cell phones. Hochman shared the findings on Lyle Menendez first, whose "actions perpetrated deceit," speaking about the contraband phone. He added that Lyle had "downplayed his rule-breaking" and that his report showed his "entitlement and willingness to meet his own needs." Hochman added that he should have been on his best behavior since his resentencing was on the table. Instead, Hochman said, he proved that "he is more likely to do whatever it takes to meet his own needs and has narcissistic tendencies." When speaking about Erik's report, Hochman said it was revealed that "he has behavior issues and lacks maturity." He added that Erik is also vulnerable to negative influence of others — including his brother. He also referenced incidents as recent as January 2025 of Erik being flagged for possessing and dealing drugs, as well as helping other inmates with tax fraud. This is an except from a Fox News Digital article. Read the entirety here. Once photographed in designer suits, the Menendez brothers have lived the past 35 years behind bars following the 1989 murders of their parents, José and Kitty Menendez. Lyle, now 57, and Erik, 54, have lived the majority of their adult lives in separate prisons. In April 2018, they were reunified at the Richard J. Donovan Correctional Facility in San Diego, Calif. Their prison sentence has not stopped the brothers from finding love, with both of them married while behind bars. Tammi Saccoman watched Erik's first trial and wrote to him. The pair got married at Folsom State Prison in 1999. Lyle married Rebecca Sneed in the maximum-security visiting area at Mule Creek State Prison in 2003. No conjugal visits are permitted in California for life-sentenced inmates. One of the Menendez brothers, Lyle, earned a sociology degree from the University of California, Irvine, through a prison program. The brothers have also participated in anger management and domestic violence programs. More than three decades after Lyle and Erik Menendez were convicted of murdering their parents in a case that captivated the nation, the brothers are once again at the center. In 1989, the Menendez brothers shot and killed their parents, José and Kitty Menendez, in their Beverly Hills mansion. The prosecution painted the brothers as spoiled heirs. The defense, led by attorney Leslie Abramson, argued they acted out of desperation after enduring years of abuse at the hands of their father. Despite a highly publicized trial, which included two hung juries, they were ultimately sentenced to life in prison without the possibility of parole. The pair surged back into the spotlight when, in October 2024, Netflix released a true-crime documentary titled The Menendez Brothers, and in September 2024, the series Monsters: The Lyle and Erik Menendez Story reignited interest in the case. The series sparked renewed debates about the impact of child abuse and the fairness of the brother's initial trial. The timing came as former DA George Gascón called for a reconsideration of harsh sentences. However, the Los Angeles District Attorney's Office, now led by Nathan Hochman, has opposed this effort, claiming the brothers still haven't accepted full responsibility for their actions. Live Coverage begins here
Yahoo
09-05-2025
- Yahoo
Menendez Brothers: Resentencing Hearing Back On After Courtroom Showdown
After months of delays and near-derailment, Erik and Lyle Menendez will get their first major shot at freedom at a revived resentencing hearing next week. A Los Angeles judge ruled Friday that the brothers' previously paused two-day hearing will take place next Tuesday and Wednesday. Relatives and experts — and possibly Erik and Lyle themselves — are expected to testify about the brothers' level of rehabilitation after 35 years in prison. More from Rolling Stone Jury Selection in Sean Combs Trial Delayed Lil Durk Denied Bail, Accused of Using Phone Accounts of 13 Other Inmates Jennifer Aniston Alleged Gate Crasher Faces Felony Stalking, Vandalism Charges Judge Michael Jesic revived the crucial hearing at a dramatic morning showdown that started with defense lawyer Mark Geragos withdrawing his motion to kick LA District Attorney Nathan Hochman off the case. Hochman then got up tried to block the brother's bid yet again, claiming Erik and Lyle are 'not ready' for release based on the findings of a new Comprehensive Risk Assessment (CRA) report compiled by state parole officials. The CRA, which is not finalized, was created as part of Gov. Gavin Newsom's review of a separate clemency bid by the brothers, which has a hearing set for June 13. Judge Jesic said he reviewed the CRA and found it to be 'subjective' and filled with 'so many caveats.' He ultimately ruled that it wasn't grounds for Hochman's office to terminate the resentencing process initiated by Hochman's more liberal predecessor, George Gascón, last October. When he announced his recommendation for resentencing last year, Gascón said he had take into consideration the brothers' young ages at the time they killed their parents in 1989 — Erik was 18 and Lyle was 21 — and their exemplary behavior behind bars. Gascón recommended the brothers' former life sentences be thrown out in favor of new sentences of 50 years to life, which would make them immediately eligible for parole. 'By not allowing the DA to withdraw, there is now a presumption, and the presumption is that unless Erik or Lyle is likely to commit a super strike — which nobody is suggesting, nobody — the presumption is that they should be resentenced,' Geragos, the defense attorney, told reporters after the hearing. 'We have the utmost faith in Judge Jesic to do the right thing, [and] next Wednesday or Tuesday, they will be resentenced. And hopefully they then go back to where they belong, which is with their family and everybody else. That's our hope.' (Super strikes are major violent crimes such as murder, rape or assault with a deadly weapon.) During the hearing, Hochman revealed details in the CRA report not previously known. He said Lyle was cited for possessing a cell phone in violation of prison rules three times in 2024, including as recently as November 2024. Hochman said Erik was found with a cell phone in January 2025. According to Hochman, the CRA reported that Lyle minimized his alleged violations and 'often downplayed his behaviors as victimless.' Hochman said the report suggested Lyle displayed 'narcissistic and anti-social personality traits' that caused him to 'look for the easiest way to get what he wants.' At this point, Geragos interrupted and protested. The judge sustained his objection regarding the 'analysis of the psychologist.' When it came to Erik, Hochman said the younger Menendez 'remains vulnerable to the influences of others, including his brother.' The DA also cited mentions in the report that Erik had admitted he 'purchased' drugs and allegedly 'assisted other inmates in committing tax fraud' earlier in his prison term. When it was his turn to speak, Geragos accused Hochman of staging a 'PR stunt' when he revealed details of the confidential CRA report in open court. He said the report was developed for use outside the resentencing process by officials with 'extensive training' on how to interpret it. He said Hochman had divulged details in 'direct violation of the CRA process.' In denying Hochman's attempt to stop the resentencing hearing, the judge called the psychologists' findings in the CRA report 'subjective' and subject to change. He also noted the psychologists weren't available for cross-examination by the defense. He said that overall, he didn't see anything 'so serious' that the resentencing hearing should be thwarted. Outside the courthouse, Geragos blasted Hochman again. 'When he brought that up, I was going to say, 'Mr. Hochman, are they talking about you and [your] potential narcissistic tendencies?' That was my immediate reaction. Can you imagine if we did a psychological assessment of Mr. Hochman in this case? It would be wild to get the conclusions,' Geragos said. The lawyer said he knew about the phone violations and had shared them with the prior district attorneys on the resentencing effort under Gascón. Anamaria Baralt, a cousin to Lyle and Erik who acts as the family's spokesperson, said after the hearing that she remains hopeful the brothers will gain their freedom. She and other family members have been clear they support early release. She said Lyle in particular had to spend years in maximum-security detention with 'the most dangerous people' and never had a violent infraction behind bars. 'Do you mean to tell me that he's going to be released from that environment and all of a sudden become violent? That doesn't make sense. That is not a rational argument,' she said, asking detractors to look at the 'bigger picture.' She said the brothers have 'already paid a huge debt to society.' 'They are ready for that second chance,' Baralt said. Best of Rolling Stone Every Super Bowl Halftime Show, Ranked From Worst to Best The United States of Weed Gaming Levels Up
Yahoo
09-05-2025
- Entertainment
- Yahoo
Menendez Brothers Suddenly Withdraw Move To Toss L.A. DA Off Case; Resentencing Hearings Set For Next Week
UPDATED with more details: The latest showdown between Erik and Lyle Menendez and the Los Angeles County District Attorney's office has come down a pivotal notch. In a surprising move Friday morning during a hearing in the Van Nuys, CA courthouse, Menendez brothers lawyer Mark Geragos withdrew a motion to remove DA Nathan Hochman and his entire office from the case. While more circumspect than usual with the media before today's hearing, the typically verbose Geragos didn't give a detailed reason before Judge Micheal Jesic for the move except to say he didn't want to see the resentencing process held up anymore than necessary. More from Deadline Justin Baldoni's Ex-Publicist Trashes "Whack-A-Mole" Tactics Of Ex-Client & Inner Circle; Blake Lively Will Testify In 2026 Trial, Ryan Reynolds Still TBD Judge Orders Jennifer Aniston's Arrested Stalker To Undergo Mental Competency Evaluation; Halts Criminal Case, For Now - Update Menendez Brothers Resentencing: L.A. DA & Family's Lawyer Butt Heads Over Recusal Move & Media Hits A Week Ahead Of Pivotal Hearing A media frenzy back in the 1990s, the case of the 1989 shotgun murder of the brothers' parents by the siblings has returned to the spotlight in no small part due to the success of the Netflix and Ryan Murphy series Monsters: The Lyle and Erik Menendez Story series and some documentaries claiming new evidence. To that new(ish) eveidence, the then 18- and 21-year-old Menendez brothers now insist the shooting of José Menendez and Kitty Menendez was self-defense against the ongoing sexual abuse by their record company executive father. Later, outside court after today's hearing was done, Geragos said he pulled the motion for 'a strategic reason' that centers on creating a paper trail for the record, as well as the resentencing. With the recusal off the decks, the actual resentencing will now take place on May 13 and May 14. It is unknown at the moment if the Menendez brothers will testify remotely or not at all. What is apparent is that the resentencing hearing, which will end up with parole board eventually, is exactly a month before the individual June 13 reexamination hearings for each brother before the parole board that Gov. Newsom ordered back in February. At this point, either the resentencing hearing or the reexamination could become moot. Earlier Friday, the incarcerated and now middle aged Lyle Menendez took to social media to lament the 'reindeer games' of the brothers hopes to be free, as well the direction he assumed events were going to go. 'So today is the day that issues will be worked out,' he said on Facebook from a state prison near San Diego where his brother also is housed. 'The motion to disqualify the DA will be heard and very very likely will be denied. Then, in chambers, issues regarding the CRA will be decided.' The CRA is the Comprehensive Risk Assessment report ordered from the state parole board earlier this year by Gov. Gavin Newsom as a part of his clemency consideration for the Menendezs. The partially completed document ended up in late April in the inbox of Deputy DA Habib Balian, who is overseeing the resentencing and the case's parole aspects for Hochman. The presence of the report and the implications it presented, legal and otherwise, tossed a grenade into the long delayed April 17 resentencing hearing for the brothers. To that, Judge Jesic shut that hearing down after just a few hours and pushed resolution to today. Judge Jesic today said that he will consider the CRA as a part of any resentencing. How much it will come to play is TBD, as both Hochman and Geragos said outside court this morning. In a tone that has become commonplace in this matter, the resentencing rejecting DA lashed out at Geragos and fellow Menende attorney Bryan Freedman for 'spurious and salacious accusations' of misconduct and conflict of interest against him and his office. The judge also denied the current DA's desire to drop the resentencing motion put forth by his predecessor George Gascón. With the line of not no, but 'not yet' on any reassessment of the Menendezs sentence, Hochman earlier this spring and last month stress his belief the brothers have not 'come clean with … information' after all these decades on 'why they brutally killed their parents.' Today's session before comes a week after Hochman's office pushed back hard on the recusal motion in what has become a dogfight or sorts between the parties over altering the siblings' 1996 life without parole sentence. 'The defense conflates a conflict of interest with zealous advocacy,' a May 2 opposition filing from the DA's office proclaimed. 'In our adversarial system of justice, the parties often do not agree These disagreements are neither novel nor improper. They are often necessary hallmarks of our adversarial system's search for the truth.' Indeed. Best of Deadline All The Songs In Netflix's 'Forever': From Tyler The Creator To SZA 2025 TV Series Renewals: Photo Gallery 2025 TV Cancellations: Photo Gallery
Yahoo
18-04-2025
- Yahoo
Menendez brothers attorney's focus on grisly photos part of strategic defense play to free killers: experts
Erik and Lyle Menendez are leaning on a multipronged strategy as the brothers seek resentencing for their parents' California murders, legal experts said. The brothers' had their first resentencing hearing in Los Angeles on Thursday and will be back in court on May 9 as they try to get out of prison for killing their parents, Jose and Kitty Menendez, in 1989. Los Angeles attorney Tre Lovell told Fox News Digital the defense is focusing on three major strategies: the brothers' rehabilitation, testimony from character witnesses, and revisiting the sexual abuse they claim to have endured as children. "They've changed since the crimes occurred," Lovell said, citing years of post-conviction efforts, including obtaining a college degree from UC Irvine, leading prison self-help classes, and starting support programs like Green Space and a hospice care initiative. Menendez Brothers' Aunt Hospitalized After Da Shares Graphic Photos In Court: 'There Was No Warning' "The resentencing criteria primarily focuses on post-conviction conduct to ensure that the defendants have changed and rehabilitated, and are not a threat to the public," he said. Read On The Fox News App Supporting their request, the defense is expected to present testimony from prison guards, supporters, and family members, including those who once opposed their release. "The fact that family members now support their release is very powerful," Lovell added. WATCH: Defense attorney on 'grisly' photos shown New Jersey attorney David Gelman weighed in on the defense's recent pushback against the prosecution's use of graphic crime scene photos shown during a hearing last week. "The defense is presenting a good argument," Gelman told Fox News Digital. "They're saying the horrific pictures violated Marsy's Law, which is supposed to protect victims' rights." SIGN UP TO GET True Crime Newsletter The defense claims Terry Baralt, the brothers' 85-year-old, was traumatized by viewing the graphic photos of the crime scene. She was hospitalized after the hearing. "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." If Menendez Brothers Admit To 'Lies,' Los Angeles Da May Reconsider Resentencing Motion To Free Them: Report "I wouldn't want my family to see those images," Judge Michael Jesic said in court on Thursday. Gelman said that the defense's audience isn't public perception — but the judge. He said that painting District Attorney Nathan Hochman's office as "overzealous or vindictive" could help sway the decision in favor of the brothers' bid for freedom or a reduced sentence. The Comprehensive Risk Assessment (CRA) report, which was a psychological exam ordered by Gov. Gavin Newsom's office remains the biggest hurdle for the defense to overcome, Gelman said. Newsom's office told Fox News Digital that the risk assessment will be complete on June 13, 2025. They said that their office notified Jesic of the status of the CRA report and offered to share it with the court, if requested. California Gov Newsom Sets Menendez Brothers Parole Board Hearing Date In Bid For Clemency "The judge has already said he won't rule until he sees the CRA reports," Gelman said. "If this is an even argument right now, the report will tip the scales one way or another." Neama Rahmani, former federal prosecutor and president of West Coast Trial Lawyers, said that the CRA report, while important, will not be the deciding factor in the judge's deliberations. GET REAL-TIME UPDATES DIRECTLY ON THE True Crime Hub "The risk assessment report is something the parole board should consider. It's not a factor in resentencing," he explained. "The resentencing factors are Erik and Lyle's age at the time of the murders, being victims of sex abuse, conduct in prison, and rehabilitation." By focusing on those factors and deflecting the risk argument to the parole board, Rahmani said, the defense is strategically guiding the judge toward a decision that could make parole a possibility without declaring them free men today. Follow The Fox True Crime Team On X On Thursday, Jesic announced that they will reconvene on May 9. Erik Menendez was visibly annoyed and his brother Lyle was emotionless as their bid for freedom was pushed back. The brothers' attorney, Mark Geragos, filed a recusal motion against Hochman following the decision. A recusal motion requests that the individual steps away from a case because of a potential conflict of interest or bias that prevents them from operating impartially. Watch On Fox Nation: Menendez Brothers: Victims Or Villains? The Menendez brothers and their supporters have been pushing for a resentencing hearing, saying they were unfairly convicted to life in prison in 1996 for murdering their parents in their Beverly Hills home in 1989. Both Lyle and Erik Menendez have since come forward claiming their father sexually abused them, offering a different narrative of the killings than the story their attorneys told in the 1990s. 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. If the judge decides to resentence the Menendez brothers, it would then be up to the state parole board to consider their release. Fox News Digital's Stepheny Price and Mike Ruiz contributed to this article source: Menendez brothers attorney's focus on grisly photos part of strategic defense play to free killers: experts
Fox News
18-04-2025
- Fox News
Menendez brothers attorney's focus on grisly photos part of strategic defense play to free killers: experts
Erik and Lyle Menendez are leaning on a multipronged strategy as the brothers seek resentencing for their parents' California murders, legal experts said. The brothers' had their first resentencing hearing in Los Angeles on Thursday and will be back in court on May 9 as they try to get out of prison for killing their parents, Jose and Kitty Menendez, in 1989. Los Angeles attorney Tre Lovell told Fox News Digital the defense is focusing on three major strategies: the brothers' rehabilitation, testimony from character witnesses, and revisiting the sexual abuse they claim to have endured as children. "They've changed since the crimes occurred," Lovell said, citing years of post-conviction efforts, including obtaining a college degree from UC Irvine, leading prison self-help classes, and starting support programs like Green Space and a hospice care initiative. "The resentencing criteria primarily focuses on post-conviction conduct to ensure that the defendants have changed and rehabilitated, and are not a threat to the public," he said. Supporting their request, the defense is expected to present testimony from prison guards, supporters, and family members, including those who once opposed their release. "The fact that family members now support their release is very powerful," Lovell added. WATCH: Defense attorney on 'grisly' photos shown New Jersey attorney David Gelman weighed in on the defense's recent pushback against the prosecution's use of graphic crime scene photos shown during a hearing last week. "The defense is presenting a good argument," Gelman told Fox News Digital. "They're saying the horrific pictures violated Marsy's Law, which is supposed to protect victims' rights." SIGN UP TO GET TRUE CRIME NEWSLETTER The defense claims Terry Baralt, the brothers' 85-year-old, was traumatized by viewing the graphic photos of the crime scene. She was hospitalized after the hearing. "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." "I wouldn't want my family to see those images," Judge Michael Jesic said in court on Thursday. Gelman said that the defense's audience isn't public perception — but the judge. He said that painting District Attorney Nathan Hochman's office as "overzealous or vindictive" could help sway the decision in favor of the brothers' bid for freedom or a reduced sentence. The Comprehensive Risk Assessment (CRA) report, which was a psychological exam ordered by Gov. Gavin Newsom's office remains the biggest hurdle for the defense to overcome, Gelman said. Newsom's office told Fox News Digital that the risk assessment will be complete on June 13, 2025. They said that their office notified Jesic of the status of the CRA report and offered to share it with the court, if requested. "The judge has already said he won't rule until he sees the CRA reports," Gelman said. "If this is an even argument right now, the report will tip the scales one way or another." Neama Rahmani, former federal prosecutor and president of West Coast Trial Lawyers, said that the CRA report, while important, will not be the deciding factor in the judge's deliberations. GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB "The risk assessment report is something the parole board should consider. It's not a factor in resentencing," he explained. "The resentencing factors are Erik and Lyle's age at the time of the murders, being victims of sex abuse, conduct in prison, and rehabilitation." By focusing on those factors and deflecting the risk argument to the parole board, Rahmani said, the defense is strategically guiding the judge toward a decision that could make parole a possibility without declaring them free men today. On Thursday, Jesic announced that they will reconvene on May 9. Erik Menendez was visibly annoyed and his brother Lyle was emotionless as their bid for freedom was pushed back. The brothers' attorney, Mark Geragos, filed a recusal motion against Hochman following the decision. A recusal motion requests that the individual steps away from a case because of a potential conflict of interest or bias that prevents them from operating impartially. The Menendez brothers and their supporters have been pushing for a resentencing hearing, saying they were unfairly convicted to life in prison in 1996 for murdering their parents in their Beverly Hills home in 1989. Both Lyle and Erik Menendez have since come forward claiming their father sexually abused them, offering a different narrative of the killings than the story their attorneys told in the 1990s. 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. If the judge decides to resentence the Menendez brothers, it would then be up to the state parole board to consider their release.
