Latest news with #ComprehensiveRiskAssessments
Yahoo
16-05-2025
- Yahoo
Gov. Newsom doing 'political calculus' ahead of Menendez brothers resentencing decision
The Menendez brothers are one step closer to seeing life outside prison walls as they face the next hurdle, a parole board hearing, in their bid for release from the 1989 shotgun slayings of their parents in Beverly Hills. Criminal defense attorney Sam Bassett of Minton, Bassett, Flores & Carsey in Austin, Texas, told Fox News Digital that the spotlight will now shift to the state Parole Board and Gov. Gavin Newsom. "There is no doubt that Newsom is doing some political calculus on this decision," he said. In Bassett's view, the Parole Board "will consider input from all interested persons, especially the victims' family members," weigh the results of the Comprehensive Risk Assessments (CRA), and require the brothers to demonstrate their remorse and acceptance of responsibility. Menendez Brothers Could Get Freedom Under California Law Signed By Gavin Newsom: Expert Fox News Digital reached out to Newsom's office, which referred to a news conference Wednesday in which he spoke briefly about the parole process for the Erik and Lyle Menendez and said the process is still unfolding. Read On The Fox News App "We started a process, as you know, which was intended to help inform the judge about the resentencing of the risk assessment. We thought that would be prudent to do before any resentencing," he said. "That process has unfolded over the course of the last number of months, and forensic psychologists did an assessment of the risk of each individual brother." Certain details of those risk assessments, which have not been made public, were presented during part of Tuesday's resentencing hearing. The analysis from those reports typically includes what led a person to commit the crime, behavior in prison and the likelihood of recidivism. Both brothers admitted to killing their parents, Mary "Kitty" and José Menendez, in a gruesome 1989 shotgun massacre inside their Beverly Hills home. Until Tuesday's resentencing hearing, they had maintained that their actions were self-defense from a lifetime of physical and sexual abuse by their parents. Sign Up To Get The True Crime Newsletter Colorado-based criminal defense attorney Eric Faddis outlined the technical hurdles that the Menendez brothers must clear before the Board can begin to review their cases. California Gov Newsom Sets Menendez Brothers Parole Board Hearing Date In Bid For Clemency Thanks to the brothers' recent resentencing under California's youthful offender law, Erik and Lyle are now eligible for parole "because the crimes were committed before the brothers were 26," Faddis told Fox News Digital. Erik was 18 and Lyle was 21 when they murdered their parents. "There are no other eligibility requirements the brothers have to meet," he said, meaning the parole board "can now consider whether release is appropriate." Faddis echoed Bassett's comments that the board will weigh "the seriousness of the crime," any prior criminal history, participation in rehabilitation programs, signs of remorse, and the prospect of a stable living situation upon release. "In this case, all living family members of the victims are in support of release," he said. "The board may consider any positive contributions to society the brothers made while incarcerated, which include advocating for child sex abuse survivors." When asked how the gravity of a double homicide factors into decisions, even decades later, Faddis said: "A double homicide is about as serious as it gets." He acknowledged that while the alleged abuse by the father may temper the assessment of the father's killing, "it does not have the same mitigating effect with respect to the mother's murder." Follow The Fox True Crime Team On X Faddis predicted that a recent statutory change may benefit the brothers' bid for release. Under Penal Code § 4801, the Parole Board must now expressly consider "whether the crime resulted from the inmate's victimization," he said. Get The Latest From The Fox News True Crime Hub "Many believe that such prior abuse is given much more weight now than it was in the 1990s, both legally and socially," he said. The brothers are set to appear before the Parole Board via video on June 13, 2025, at the Richard J. Donovan Correctional Facility. The board will either recommend or veto the brothers' release. Newsom has the final say over whether they should go article source: Gov. Newsom doing 'political calculus' ahead of Menendez brothers resentencing decision
Yahoo
18-04-2025
- Yahoo
Menendez brothers case: What's next for killers after defense, DA spar over resentencing
Whether Erik and Lyle Menendez will see life outside prison walls is still unclear after their resentencing hearing was postponed for another month after a judge ruled that two motions needed to be settled before the process could move forward. At the heart of the issue was Los Angeles District Attorney Nathan Hochman's motion to continue citing access to a part of the comprehensive risk assessment (CRA) report that California Gov. Gavin Newsom requested for the clemency request and the Menendez team's request for the DA to be admonished for showing crime scene photos at last week's hearing. Attorneys and Judge Michael Jesic will meet on May 9 to discuss next steps after the planned two-day resentencing was called off. Court was paused for a short recess on Thursday as Jesic needed to clear up confusion and address frustrations over the CRA report. Menendez Brothers Resentencing: Los Angeles Da Asks For Delay Before High-stakes Hearing The report determines whether the brothers would pose a threat to the public if they were released. It was provided to prosecutors, and the judge was notified that he could read it prior to the scheduled hearing. Read On The Fox News App "The completion of the Comprehensive Risk Assessments is a significant development in this case," Hochman said. "It's critical that Judge Jesic has sufficient time to thoroughly examine its findings and make an informed decision on its admissibility — before any resentencing hearing moves forward." The judge said he wanted to move forward with witness testimony, but the brothers' attorney, Mark Geragos, argued that unless the judge were to choose to exclude the report, he would not move forward. Geragos requested a continuance to have time to file a motion to recuse the DA, adding he would have done that already if not for a time requirement to file such a motion. The report was not shared with the defense, which Geragos argued was unfair. Menendez Brothers' Family Accuses Da Of Violating Victim Protection Law After Showing Graphic Photo In Court Jesic said they received clarity from Newsom's office that it is not asserting privilege on the comprehensive risk assessment. With those results potentially coming into play, Geragos said he will file a motion to recuse the DA from the case within 10 days. Geragos argued that he is not a party to the clemency proceedings where the report is involved, saying, "They keep mixing and matching." 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. During the May 9 hearing, the parties will first address the motion to recuse, and then they will address whether the risk assessment will be admissible in court. Because of the personal nature of the report, some of it may be in closed court, the judge said. They will also not be conducting a resentencing hearing that day, so no testimony is expected. Menendez Brothers' Aunt Hospitalized After Da Shares Graphic Photos In Court: 'There Was No Warning' The Menendez legal team chose not to go forward with testimony in the resentencing on Thursday. The "retraumatization" of coming back again for testimony versus needing to retestify if the DA team is removed is "the lesser of the two evils," said Bryan Freedman, another attorney for the brothers. Jesic had made it clear that one of his main concerns was the time that family members took off and all the travel and other expenses made to be at this week's hearings. The defense team said the family understood, despite some traveling to be present. "I don't want to keep retraumatizing the family," Geragos said. "I'll leave that to the DA." Both brothers listened closely as this played out. Erik, who looked visibly annoyed, nodded along as the judge listed what they had planned for the May 9 hearing, while Lyle was emotionless, hearing that their bid for freedom had been pushed back. Follow The Fox True Crime Team On X The judge declined the Menendez team's request for the DA to be admonished for showing the crime photos, but asked both sides to provide warning. "It is extremely rare…where you have victims also supporting the defendants," Jesic said. "I didn't even think about it when the picture went up." "It was a gruesome murder," he continued. "If anyone is uncomfortable, maybe they shouldn't be here." Jesic also reminded the prosecution that they were not there to retry the case. Deputy District Attorney Habib Balian had argued that it was necessary to show the photos. "We need to understand that Erik and Lyle Menendez caused that carnage," he said. Geragos condemned the prosecution's tactics as a "dog and pony show," saying, "None of these shenanigans would have happened if this wasn't the Menendez brothers." "His personal bias is seething through in every action that has been taken," Freedman said of Hochman's intentions. Freedman added that many Menendez family members had never seen the crime scene images. The judge then defended Balian, saying he had known him for years and believed there was no ill intent in showing the photos, though he admitted the situation was complex. SIGN UP TO GET True Crime Newsletter Balian also apologized for sharing the images, saying that "it was never my intention" and that he was sorry someone ended up in a hospital after seeing the images. The brothers' attorneys and family held a news conference following the conclusion of Thursday's paused hearing. "The family does not want to go through this charade anymore with the DA," Geragos said. "This is a DA who made up his mind and did no hard work in terms of his position. He is vindicating no one's interest." Tamara Goodall, a cousin of Erik and Lyle, also spoke to the media and her disappointment with Thursday's outcome. "It was very clear that Hochman has no desire to come at this objectively. He made the statement, and I quote, referring to all of the quote unquote horrible people that Mark represents. That does not tell me that this person has any ability to see Erik and Lyle through any other lens," Goodall said. "Unfortunately, for this family, there are no secrets. For this family, there's no floor on the amount of trauma that they have to go through," Geragos said. When asked how Lyle and Erik were taking the news, Geragos said that they were "cautiously optimistic." Watch On Fox Nation: Menendez Brothers: Victims Or Villains? "There are a lot of reasons to believe that when we do the re-sentencing hearing, that we will get Judge Jesic to reduce this to a manslaughter and release them on time served," Geragos explained. "That's what the goal is here. The goal is not, as I stated in court, to get a 50-to-life and to convert this into a parole hearing. The goal here is very simple." GET REAL-TIME UPDATES DIRECTLY ON THE True Crime Hub Hochman's office said they "are aware of the defense's concerns and welcome the opportunity to address them in court." "Our office remains committed to ethical and impartial prosecution. We believe the facts will demonstrate that our conduct has been professional, appropriate, and in the interest of justice," Hochman said. He also thanked his team of prosecutors — Balian and Deputy District Attorneys Seth Carmack and Ethan Milius — for their "unwavering commitment to ensuring that the Court is presented with the full picture." "They have shown extraordinary dedication and professionalism throughout this process, and their work continues to honor the memory of Jose and Kitty Menendez," Hochman said. Hochman previously criticized the brothers' decision to "stubbornly remain hunkered down in their over 30-year-old bunker of lies, deceit and denials." The Menendez brothers and their supporters have been pushing for a resentencing hearing, saying the brothers had been unfairly convicted to life in prison in 1996 for murdering their two parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989. 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 had been greed. Fox News Digital's Sarah Rumpf-Whitten and Michael Ruiz contributed to this report. Original article source: Menendez brothers case: What's next for killers after defense, DA spar over resentencing
Fox News
18-04-2025
- Fox News
Menendez brothers case: What's next for killers after defense, DA spar over resentencing
LOS ANGELES – Whether Erik and Lyle Menendez will see life outside prison walls is still unclear after their resentencing hearing was postponed for another month after a judge ruled that two motions needed to be settled before the process could move forward. At the heart of the issue was Los Angeles District Attorney Nathan Hochman's motion to continue citing access to a part of the comprehensive risk assessment (CRA) report that California Gov. Gavin Newsom requested for the clemency request and the Menendez team's request for the DA to be admonished for showing crime scene photos at last week's hearing. Attorneys and Judge Michael Jesic will meet on May 9 to discuss next steps after the planned two-day resentencing was called off. Court was paused for a short recess on Thursday as Jesic needed to clear up confusion and address frustrations over the CRA report. The report determines whether the brothers would pose a threat to the public if they were released. It was provided to prosecutors, and the judge was notified that he could read it prior to the scheduled hearing. "The completion of the Comprehensive Risk Assessments is a significant development in this case," Hochman said. "It's critical that Judge Jesic has sufficient time to thoroughly examine its findings and make an informed decision on its admissibility — before any resentencing hearing moves forward." "A decision of this magnitude demands the most current and comprehensive information available. These updated Comprehensive Risk Assessments provide crucial insight into whether the inmates pose an unreasonable risk to public safety today," The judge said he wanted to move forward with witness testimony, but the brothers' attorney, Mark Geragos, argued that unless the judge were to choose to exclude the report, he would not move forward. Geragos requested a continuance to have time to file a motion to recuse the DA, adding he would have done that already if not for a time requirement to file such a motion. The report was not shared with the defense, which Geragos argued was unfair. Jesic said they received clarity from Newsom's office that it is not asserting privilege on the comprehensive risk assessment. With those results potentially coming into play, Geragos said he will file a motion to recuse the DA from the case within 10 days. Geragos argued that he is not a party to the clemency proceedings where the report is involved, saying, "They keep mixing and matching." 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. During the May 9 hearing, the parties will first address the motion to recuse, and then they will address whether the risk assessment will be admissible in court. Because of the personal nature of the report, some of it may be in closed court, the judge said. They will also not be conducting a resentencing hearing that day, so no testimony is expected. The Menendez legal team chose not to go forward with testimony in the resentencing on Thursday. The "retraumatization" of coming back again for testimony versus needing to retestify if the DA team is removed is "the lesser of the two evils," said Bryan Freedman, another attorney for the brothers. Jesic had made it clear that one of his main concerns was the time that family members took off and all the travel and other expenses made to be at this week's hearings. The defense team said the family understood, despite some traveling to be present. "I don't want to keep retraumatizing the family," Geragos said. "I'll leave that to the DA." Both brothers listened closely as this played out. Erik, who looked visibly annoyed, nodded along as the judge listed what they had planned for the May 9 hearing, while Lyle was emotionless, hearing that their bid for freedom had been pushed back. The judge declined the Menendez team's request for the DA to be admonished for showing the crime photos, but asked both sides to provide warning. "It is extremely rare…where you have victims also supporting the defendants," Jesic said. "I didn't even think about it when the picture went up." "It was a gruesome murder," he continued. "If anyone is uncomfortable, maybe they shouldn't be here." Jesic also reminded the prosecution that they were not there to retry the case. Deputy District Attorney Habib Balian had argued that it was necessary to show the photos. "We need to understand that Erik and Kyle Menendez caused that carnage," he said. Geragos condemned the prosecution's tactics as a "dog and pony show," saying, "None of these shenanigans would have happened if this wasn't the Menendez brothers." "His personal bias is seething through in every action that has been taken," Freedman said of Hochman's intentions. Freedman added that many Menendez family members had never seen the crime scene images. The judge then defended Balian, saying he had known him for years and believed there was no ill intent in showing the photos, though he admitted the situation was complex. SIGN UP TO GET TRUE CRIME NEWSLETTER Balian also apologized for sharing the images, saying that "it was never my intention" and that he was sorry someone ended up in a hospital after seeing the images. The brothers' attorneys and family held a news conference following the conclusion of Thursday's paused hearing. "The family does not want to go through this charade anymore with the DA," Geragos said. "This is a DA who made up his mind and did no hard work in terms of his position. He is vindicating no one's interest." Tamara Goodall, a cousin of Erik and Lyle, also spoke to the media and her disappointment with Thursday's outcome. "It was very clear that Hochman has no desire to come at this objectively. He made the statement, and I quote, referring to all of the quote unquote horrible people that Mark represents. That does not tell me that this person has any ability to see Erik and Lyle through any other lens," Goodall said. "Unfortunately, for this family, there are no secrets. For this family, there's no floor on the amount of trauma that they have to go through," Geragos said. When asked how Lyle and Erik were taking the news, Geragos said that they were "cautiously optimistic." "There are a lot of reasons to believe that when we do the re-sentencing hearing, that we will get Judge Jesic to reduce this to a manslaughter and release them on time served," Geragos explained. "That's what the goal is here. The goal is not, as I stated in court, to get a 50-to-life and to convert this into a parole hearing. The goal here is very simple." GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB Hochman's office said they "are aware of the defense's concerns and welcome the opportunity to address them in court." "Our office remains committed to ethical and impartial prosecution. We believe the facts will demonstrate that our conduct has been professional, appropriate, and in the interest of justice," Hochman said. He also thanked his team of prosecutors — Balian and Deputy District Attorneys Seth Carmack and Ethan Milius — for their "unwavering commitment to ensuring that the Court is presented with the full picture." "They have shown extraordinary dedication and professionalism throughout this process, and their work continues to honor the memory of Jose and Kitty Menendez," Hochman said. Hochman previously criticized the brothers' decision to "stubbornly remain hunkered down in their over 30-year-old bunker of lies, deceit and denials." The Menendez brothers and their supporters have been pushing for a resentencing hearing, saying the brothers had been unfairly convicted to life in prison in 1996 for murdering their two parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989. 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 had been greed. Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to
Yahoo
17-04-2025
- Yahoo
Menendez Brothers' Resentencing Hearing Postponed
Lyle and Erik Menendez's latest bid to get a reduced sentence has been postponed to May 9. At that time, a new hearing will consider the admissibility of the state parole board's comprehensive risk assessments, ordered by California Gov. Gavin Newsom, according to the AP. More from Variety Menendez Family Files Complaint Against District Attorney for Displaying Graphic Crime Scene Photos Menendez Brothers Score Court Win, as Judge Allows Resentencing to Proceed Menendez Case: D.A. Withdraws Request to Reduce Brothers' Sentence During Thursday's proceedings, it emerged that neither Judge Michael Jesic nor the brothers' attorneys had read the governor's report that caused arguments in the courtroom. 'I need clarification from the governor's office,' Jesic said, according to AP. 'This is stupid.' Prosecutors, who had seen the report, argued they should be able to use it, and filed to postpone the hearing so everyone could consider it. 'The People request the Court make all reasonable efforts to obtain the recently completed Comprehensive Risk Assessments from the Governor's Office,' the prosecutors' legal filing, sent to the court on Wednesday night, read. 'If additional time is required to obtain these documents, the People ask the Court to continue the resentencing hearing.' In February, Gov. Gavin Newsom ordered the parole board to complete a risk assessment review of the Menendez Brothers as one of their steps toward a reduced sentence and possible freedom. The board finished the review on Tuesday, which prompted prosecutors to request a delay in the resentencing hearing. 'Although the People were directed not to disclose these reports due to the Governor's Executive privilege and for other reasons, the Governor's Office has invited the Court to request these documents for use at the resentencing hearing,' their filing read. 'There is no legitimate reason why the court should not possess the most current and up to date risk assessments before making any resentencing decisions in this case.' Lyle and Erik Menendez have served 35 years for the 1989 murders of their parents, Jose and Kitty, at their Beverly Hills home in 1989. District Attorney George Gascón moved last October to reduce the brothers' sentence from life without parole to 50 years to life. That reduction, if granted, would make them immediately eligible for parole. Best of Variety New Movies Out Now in Theaters: What to See This Week What's Coming to Disney+ in April 2025 The Best Celebrity Memoirs to Read This Year: From Chelsea Handler to Anthony Hopkins
CBS News
17-04-2025
- CBS News
Menendez brothers resentencing hearing expected to start after challenge from DA Nathan Hochman
On a bid toward freedom, the Menendez brothers are expected to have a resentencing hearing inside a Van Nuys courtroom Thursday morning after prosecutors filed a motion to delay their case. Last week, Judge Michael Jesic ruled in their favor, allowing the resentencing proceedings to move forward. During the six-hour hearing, the judge heard arguments from Los Angeles County District Attorney Nathan Hochman and the brothers' attorney Mark Geragos. Wednesday evening, the district attorney's office filed a new motion asking the judge to delay the resentencing hearing until the court can review a recently completed parole board assessment. Erik and Lyle Menendez are currently serving life sentences in prison without the possibility of parole after being convicted of the 1989 killings of their parents, Kitty and Jose Menendez. The brothers have admitted to the killings but claim they did it in self-defense, after suffering years of physical, emotional and sexual abuse . "The People request the Court make all reasonable efforts to obtain the recently completed Comprehensive Risk Assessments from the Governor's Office," prosecutors noted in their legal filing. "If additional time is required to obtain these documents, the People ask the Court to continue the resentencing hearing." The parole board's assessment stems from the brothers' other avenue to freedom, asking for clemency from California Gov. Gavin Newsom. At the end of February, Newsom ordered the state parole board to perform a risk assessment of Erik and Lyle Menendez as one of the first steps toward clemency. He said the report would provide an understanding of their conduct while incarcerated and "what they've done since the offense as it relates to rehabilitation and treatment programs," as well as "whether they have contributed to their own rehabilitation." In a podcast episode in March, Newsom announced his decision that their bid for clemency would be made after a final risk assessment hearing scheduled for June 13. The district attorney's office said it reviewed thousands of prison records, court documents, trial transcripts and other statements. After Hochman's office was able to review the case, it requested to have former DA George Gascón's motion for resentencing be withdrawn. Hochman claims Gascón's motion did not thoroughly consider whether the brothers had taken full responsibility for their crimes. He has stated multiple times that he believes the brothers have lied about the abuse and believes they should not be released. After the resentencing hearing last week, family members of the brothers who were in the courtroom during the proceedings claimed their aunt was hospitalized after seeing graphic crime scene images. They said the prosecutors displayed a graphic image of her brother's body without warning, which "retraumatized family members" who were in attendance. "We are devastated to share that Terry Baralt – who is a mother, an aunt to many of us, and José Menendez's sister – has been hospitalized and is in critical condition following the Los Angeles District Attorney's Office's cruel and careless conduct in court," the family's statement said. Members of a family-led initiative in support of the brothers allege Hochman's personal bias has affected his handling of the case. In March, the coalition, along with other community members, held a rally outside of Hochman's office in downtown LA. Family members told reporters that Erik and Lyle deserve a second chance. "At every turn, we feel like DA Hochman has dismissed us, ignored us and quite frankly treated us like we don't matter," said Tamara Goodell, a family cousin. "It feels like he is more interested in punishing Erik and Lyle for childhood lies than actually looking at the facts and following the law." The brothers' hearings had been postponed several times to allow a judge to review new evidence and for the wildfires that erupted in Los Angeles in January. The Menendez brothers' case gained renewed interest after two different Netflix specials were released. Ryan Murphy's drama series "Monsters: The Lyle and Erik Menendez Story" and "The Menendez Brothers" docu-series told their stories and garnered millions of views. Around the same time, the specials came out, then DA Gascón announced his support for their bid for clemency. Attorneys for the brothers submitted a request for clemency to Gov. Gavin Newsom. Gascón also sent letters of support to the governor.
