Latest news with #TheMenendezBrothers'


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.

Epoch Times
14-05-2025
- Epoch Times
Menendez Brothers Resentenced to 50 Years to Life, Eligible for Parole
LOS ANGELES—Erik and Lyle Menendez will have a new shot at freedom after 35 years behind bars for murdering their parents, a judge ruled Tuesday. Los Angeles County Superior Court Judge Michael Jesic reduced the brothers' sentences from life without parole to 50 years to life. They're now eligible for parole under California's youthful offender law because they committed the crime under the age of 26. The state parole board must still decide whether to release them from prison. 'I'm not saying they should be released, it's not for me to decide,' Jesic said. 'I do believe they've done enough in the past 35 years, that they should get that chance.' The brothers did not show any apparent emotion during most of the testimony as they appeared via livestream video, but chuckled when one of their cousins, Diane Hernandez, told the court that Erik Menendez received A+ grades in all of his classes during his most recent semester in college. A Los Angeles judge is presiding over the hearing before deciding whether they should be released after serving nearly 30 years in prison for the double murder of their parents. He said Tuesday that prosecutors must prove that if released, the brothers still pose a risk of committing a violent crime again. If he shortens their sentences, the brothers would still need approval from the state's parole board to get out of prison. They could then potentially go free on time served. Related Stories 5/9/2025 4/17/2025 They were sentenced in 1996 to life in prison without the possibility of parole for murdering their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance. The case has captured the public's attention for decades—and last year, the Netflix drama ' Monsters: The Lyle and Erik Menendez Story ' and documentary 'The Menendez Brothers' brought new attention to the case. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months.


Chicago Tribune
14-05-2025
- Chicago Tribune
Judge reduces Menendez brothers' murder sentences, putting them a step closer to freedom
LOS ANGELES — Erik and Lyle Menendez will have a new shot at freedom after 35 years behind bars for murdering their parents, a judge ruled Tuesday. Los Angeles County Superior Court Judge Michael Jesic reduced the brothers' sentences from life without parole to 50 years to life. They're now eligible for parole under California's youthful offender law because they committed the crime under the age of 26. The state parole board must still decide whether to release them from prison. 'I'm not saying they should be released, it's not for me to decide,' Jesic said. 'I do believe they've done enough in the past 35 years, that they should get that chance.' The brothers did not show any apparent emotion during most of the testimony as they appeared via livestream video, but chuckled when one of their cousins, Diane Hernandez, told the court that Erik Menendez received A+ grades in all of his classes during his most recent semester in college. 'I killed my mom and dad. I make no excuses and also no justification,' Lyle said in a statement to the court. 'The impact of my violent actions on my family … is unfathomable.' The brothers have served nearly 30 years in prison for the double murder of their parents. They still need approval from the state's parole board and could potentially go free on time served. They were sentenced in 1996 to life in prison without the possibility of parole for murdering their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance. The case has captured the public's attention for decades — and last year, the Netflix drama ' Monsters: The Lyle and Erik Menendez Story ' and documentary 'The Menendez Brothers' brought new attention to the case. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months. The defense began by calling Anamaria Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed remorse for their actions. 'We all, on both sides of the family, believe that 35 years is enough,' Baralt said. 'They are universally forgiven by our family.' Another cousin, Tamara Goodell, said she had recently taken her 13-year-old son to meet the brothers in prison, and that they would contribute a lot of good to the world if released. Hernandez, who also testified during Erik and Lyle's first trial, spoke about the abuse she witnessed in the Menendez household when she lived with them and the so-called 'hallway rule.' 'When Jose was with one of the boys … you couldn't even go up the stairs to be on the same floor,' Hernandez said of the father. Attorneys for the brothers must prove they have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. That would make them eligible for parole under California's youthful offender law because they committed the crime under the age of 26. Their defense attorney, Mark Geragos, said outside the court Tuesday that he wants the judge to reduce their charges to manslaughter and give them time served to allow them to be immediately released. At least seven family members are expected to testify at the hearings. Los Angeles County prosecutors argued against the resentencing. They say the brothers have not taken complete responsibility for the crime. Geragos emphasized that the purpose of resentencing is to 'encourage rehabilitation.' 'That is the law,' Geragos said, 'not relitigate the facts of the crime as the D.A. wants to do.' The previous LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. His office said the case would've been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers' rehabilitation over three decades in prison. A resentencing petition laid out by Gascón focuses on the brothers' accomplishments and rehabilitation. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates. A former judge who said he considered himself tough on crime, Jonathan Colby, told the court that he was impressed with the programs the brothers started during their time in prison to provide aid and care for older and disabled inmates. He got to know them over a series of prison visits. 'There's not many prisoners I meet like Erik and Lyle that have such concern for the elderly,' he said. Former inmate Anerae Brown cried as he testified about how the brothers helped him heal and get on the path to rehabilitation, leading to his release from prison. He called the programs they started 'Menendez University.' 'I have children now,' he said. 'Without Lyle and Erik I might still be sitting in there doing stupid things.' The current district attorney Nathan Hochman said Tuesday that he believes the brothers are not ready for resentencing because 'they have not come clean' about their crimes. His office also has said it does not believe they were sexually abused. 'Our position is not 'no,' it's not 'never,' it's 'not yet,'' Hochman said. 'They have not fully accepted responsibility for all their criminal conduct.' Recently, prosecutors cited the forensic psychologist's analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behavior. It came to the conclusion that they were 'moderately more likely' than others to engage in violence in the community, Hochman said. Hochman's office attempted twice to withdraw the resentencing petition but both attempts were rejected by Los Angeles County Superior Court Judge Michael Jesic. He could decide on the resentencing from the bench or issue a written ruling later.
Yahoo
14-05-2025
- Yahoo
Judge reduces Menendez brothers' murder sentences, putting them a step closer to freedom
Erik and Lyle Menendez will have a new shot at freedom after 35 years behind bars for murdering their parents. Los Angeles County Superior Court Judge Michael Jesic reduced the brothers' sentences from life without parole to 50 years to life. They're now eligible for parole under California's youthful offender law because they committed the crime under the age of 26. The state parole board must still decide whether to release them from prison. 'I'm not saying they should be released, it's not for me to decide,' Jesic said. 'I do believe they've done enough in the past 35 years, that they should get that chance.' The brothers did not show any apparent emotion during most of the testimony as they appeared via livestream video, but chuckled when one of their cousins, Diane Hernandez, told the court that Erik Menendez received A+ grades in all of his classes during his most recent semester in college. A Los Angeles judge is presiding over the hearing before deciding whether they should be released after serving nearly 30 years in prison for the double murder of their parents. He said Tuesday that prosecutors must prove that if released, the brothers still pose a risk of committing a violent crime again. If he shortens their sentences, the brothers would still need approval from the state's parole board to get out of prison. They could then potentially go free on time served. They were sentenced in 1996 to life in prison without the possibility of parole for murdering their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time of the killings. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance. The case has captured the public's attention for decades — and last year, the Netflix drama ' Monsters: The Lyle and Erik Menendez Story ' and documentary 'The Menendez Brothers' brought new attention to the case. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months. The defense began by calling Ana Maria Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed remorse for their actions. 'We all, on both sides of the family, believe that 35 years is enough,' Baralt said. 'They are universally forgiven by our family.' Another cousin, Tamara Goodell, said she had recently taken her 13-year-old son to meet the brothers in prison, and that they would contribute a lot of good to the world if released. Hernandez, who also testified during Erik and Lyle's first trial, spoke about the abuse she witnessed in the Menendez household when she lived with them and the so-called 'hallway rule.' 'When Jose was with one of the boys … you couldn't even go up the stairs to be on the same floor,' Hernandez said of the father. Attorneys for the brothers must prove they have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. That would make them eligible for parole under California's youthful offender law because they committed the crime under the age of 26. Their defense attorney, Mark Geragos, said outside the court Tuesday that he wants the judge to reduce their charges to manslaughter and give them time served to allow them to be immediately released. At least seven family members are expected to testify at the hearings. Los Angeles County prosecutors argued against the resentencing. They say the brothers have not taken complete responsibility for the crime. Geragos emphasized that the purpose of resentencing is to 'encourage rehabilitation.' 'That is the law,' Geragos said, 'not relitigate the facts of the crime as the D.A. wants to do.' The previous LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. His office said the case would've been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers' rehabilitation over three decades in prison. A resentencing petition laid out by Gascón focuses on the brothers' accomplishments and rehabilitation. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates. A former judge who said he considered himself tough on crime, Jonathan Colby, told the court that he was impressed with the programs the brothers started during their time in prison to provide aid and care for older and disabled inmates. He got to know them over a series of prison visits. 'There's not many prisoners I meet like Erik and Lyle that have such concern for the elderly,' he said. Former inmate Anerae Brown cried as he testified about how the brothers helped him heal and get on the path to rehabilitation, leading to his release from prison. He called the programs they started 'Menendez University.' 'I have children now,' he said. 'Without Lyle and Erik I might still be sitting in there doing stupid things.' The current district attorney Nathan Hochman said Tuesday that he believes the brothers are not ready for resentencing because 'they have not come clean' about their crimes. His office also has said it does not believe they were sexually abused. 'Our position is not 'no,' it's not 'never,' it's 'not yet,'' Hochman said. 'They have not fully accepted responsibility for all their criminal conduct.' Recently, prosecutors cited the forensic psychologist's analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behavior. It came to the conclusion that they were 'moderately more likely' than others to engage in violence in the community, Hochman said. Hochman's office attempted twice to withdraw the resentencing petition but both attempts were rejected by Los Angeles County Superior Court Judge Michael Jesic. He could decide on the resentencing from the bench or issue a written ruling later. Download the FREE WPXI News app for breaking news alerts. Follow Channel 11 News on Facebook and Twitter. | Watch WPXI NOW
Yahoo
13-05-2025
- Yahoo
Cousins of Menendez brothers say they would welcome them into their homes if judge frees them
LOS ANGELES (AP) — Several cousins of Erik and Lyle Menendez testified Tuesday at the brothers' resentencing hearing that they should be released after serving nearly 30 years in prison for the double murder of their parents, and that they would welcome them into their homes. The brothers did not show any apparent emotion during most of the testimony as they appeared via livestream video, but chuckled when one of their cousins, Diane Hernandez, told the court that Erik Menendez received A+ grades in all of his classes during his most recent semester in college. A Los Angeles judge is presiding over the hearing that is expected to last two days. If he shortens their sentences, the brothers would still need approval from the state's parole board to get out of prison. They could then potentially go free on time served. They were sentenced in 1996 to life in prison without the possibility of parole for murdering their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time of the killings. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance. Due to wildfires in the LA area, and disputes between LA prosecutors and defense attorneys, the hearings were delayed for months. The case has captured the public's attention for decades — and last year, the Netflix drama ' Monsters: The Lyle and Erik Menendez Story ' and documentary 'The Menendez Brothers' brought new attention to the case. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months. Hearing begins with testimony from a family member The judge kicked off the hearing by reminding the packed courtroom that prosecutors must prove that the brothers are at an 'unreasonable risk' of committing serious and violent crimes again if released. The defense began by calling Ana Maria Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed remorse for their actions. 'We all, on both sides of the family, believe that 35 years is enough,' Baralt said. 'They are universally forgiven by our family.' Another cousin, Tamara Goodell, said she had recently taken her 13-year-old son to meet the brothers in prison, and that they would contribute a lot of good to the world if released. Finally, Hernandez, who also testified during Erik and Lyle's first trial, spoke about the abuse she witnessed in the Menendez household when she lived with them and the so-called 'hallway rule." 'When Jose was with one of the boys … you couldn't even go up the stairs to be on the same floor,' Hernandez said of the father. Judge to rule on a lesser sentence The resentencing hearing will center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. That would make them eligible for parole under California's youthful offender law because they committed the crime under the age of 26. Their defense attorney, Mark Geragos, said outside the court Tuesday that he wants the judge to reduce their charges to manslaughter and give them time served to allow them to be immediately released. At least seven family members are expected to testify at the hearings. Los Angeles County prosecutors argued against the resentencing. They say the brothers have not taken complete responsibility for the crime. Geragos emphasized that the purpose of resentencing is to 'encourage rehabilitation.' 'That is the law,' Geragos said, 'not relitigate the facts of the crime as the D.A. wants to do.' Former district atto rney and fami ly support resentencing The previous LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. His office said the case would've been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers' rehabilitation over three decades in prison. A resentencing petition laid out by Gascón focuses on the brothers' accomplishments and rehabilitation. The brothers' attorneys say their clients have worked hard to better themselves and give back to the prison community. The extended Menendez family, with the exception of an uncle who died in March, has said they want the brothers to be freed. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates. The new LA prosecutor changed course The current district attorney Nathan Hochman said Tuesday that he believes the brothers are not ready for resentencing because 'they have not come clean' about their crimes. His office also has said it does not believe they were sexually abused. 'Our position is not 'no,' it's not 'never,' it's 'not yet,'' Hochman said. 'They have not fully accepted responsibility for all their criminal conduct.' Recently, prosecutors cited the forensic psychologist's analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behavior. It came to the conclusion that they were 'moderately more likely' than others to engage in violence in the community, Hochman said. Hochman's office attempted twice to withdraw the resentencing petition but both attempts were rejected by Los Angeles County Superior Court Judge Michael Jesic. He could decide on the resentencing from the bench or issue a written ruling later. Jaimie Ding, The Associated Press