Latest news with #VictimProtectionLaw
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
Yahoo
17-04-2025
- Yahoo
Menendez brothers resentencing: Los Angeles DA asks for delay before high-stakes hearing
The Los Angeles District Attorney's Office filed a request late Wednesday to delay Thursday's resentencing hearing for Erik and Lyle Menendez, according to reports. District Attorney Nathan Hochman's office said in the filing that the resentencing hearings, set for Thursday and Friday, should be put on hold until the court obtains copies of comprehensive risk assessments for the brothers that were completed by state prison and parole officers, NBC News reported. California Gov. Gavin Newsom's office told Fox News in response that the comprehensive risk assessment is ongoing and will be completed on June 13, 2025. Per California legal regulations, one component of it has been released to the involved parties for their review 60 days before the clemency hearing and is subject to correction, his office said. Newsom's office said it notified Judge Michael Jesic of the status of this report, which is not a stand-alone risk assessment, and offered to share it with the court if he requests it. It was not immediately clear if the DA's filing would affect Thursday's hearing, which is scheduled to start at 9:30 a.m. local time. Menendez Brothers' Family Accuses Da Of Violating Victim Protection Law After Showing Graphic Photo In Court The Menendez brothers' discussed their push for freedom, decades after their parents' brutal murders, in a recent interview with TMZ. Read On The Fox News App In the feature, "TMZ Presents: The Menendez Brothers: The Prison Interview," both brothers were interviewed and discussed how prison has changed them and how they envision life outside of prison walls. "We're very hopeful, we've done what we can with the time we've had," Lyle Menendez said in the interview. "Hope for the future is kind of a new thing for us," he continued. The scenes then show a young Erik and Lyle and the grisly crime scene they left behind in their Beverly Hills mansion in 1989 after killing their parents, Jose and Kitty Menendez. "It was almost the perfect murder," said former Beverly Hills Police Detective Tom Linehan. Now, more than 35 years later, the fate of the brothers lies in the hands of a Los Angeles County judge, who legal experts say will have to answer two simple questions: Do Erik and Lyle pose an unreasonable risk to the public, and does he believe they have rehabilitated? Linehan unequivocally said he would not trust them and what they did was the "worst, most heinous murder case" he has ever seen. Los Angeles Da Slams Menendez Brothers For 'Bunker Of Lies' Ahead Of Fight Against Reduced Sentences "They are two of the most skilled liars and their notary is what sets them apart from other inmates in similar situations," Linehan said. "If things weren't going their way, they could do this again." Hochman has also said he does not agree with the resentencing but is prepared to move forward. Hochman has said that it is up to the court to factor in whether the "lack of acceptance of responsibility for their murderous actions" is enough to decide whether the Menendez brothers pose an unreasonable risk of danger to the community. Menendez Brothers Resentencing: What Happens Next? "Though this pathway to resentencing has been offered to the Menendez brothers, they have chosen to stubbornly remain hunkered down in their over 30-year-old bunker of lies, deceit and denials," Hochman said. However, family and other supporters of the Menendez brothers argued they have paid their dues and have changed. Follow The Fox True Crime Team On X A former inmate, rapper X-Rated, who served 18 years with Lyle and Erik, said they do not belong in prison, even claiming his neighbor's dog was more dangerous than the Menendez brothers. He added that they have helped him and many others get out of prison and rehabilitate in society, showing selflessness, knowing they had "no chance" of getting out while they were helping others. GET REAL-TIME UPDATES DIRECTLY ON THE True Crime Hub "The fact they did all this without getting anything in return says a lot," the rapper said. Lyle said that he and Erik have developed a peace and patience that most people would not understand. Erik admitted they were "spoiled brats" and that he suffered from severe insecurity issues. He added that he wants to be an advocate for other sexually abused victims, saying that "no one should have to be trapped" like he was. Both Lyle and Erik Menendez have 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. Watch On Fox Nation: Menendez Brothers: Victims Or Villains? They maintain they killed their parents in self-defense. Their first trial ended in a mistrial, when jurors could not 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 will then be up to the state parole board to consider their release. SIGN UP TO GET True Crime Newsletter Because they were under 26 years old at the time of the murders, under current California law, new sentences of 50 years to life would immediately make them eligible for a parole hearing. They are already scheduled to appear before the board on June 13 as part of a comprehensive risk assessment report ordered by Newsom, who is considering the brothers' clemency request – a separate potential path out of prison. Fox News' Michael Ruiz and Melissa Chrise contributed to this report. Original article source: Menendez brothers resentencing: Los Angeles DA asks for delay before high-stakes hearing
