A California judge has postponed the resentencing hearing for Erik and Joseph “Lyle” Menendez, the two brothers who were sentenced to life without parole for the 1989 murders of their parents with a shotgun. The hearing was delayed after Los Angeles District Attorney George Gascon, who had asked for a reduction in their sentences, lost the election to independent candidate Nathan Hochman, who will take office on December 2. Judge Michael Jesic decided to move the hearing to late January out of respect for the new administration, following an agreement from both sides.
Defense Attorney Mark Geragos mentioned that the hearing is expected to last more than a day in court. Although both sides tentatively suggested January 30-31 as potential dates for the hearing, the judge did not formally confirm those dates in the calendar. Due to a technical issue, the brothers were unable to appear virtually as planned, and their right to appear was waived by Geragos while the court dealt with scheduling matters.
Two witnesses, including the brothers’ 93-year-old aunt, Joan Andersen VanderMolen, were still expected to testify on Monday due to health concerns. The brothers claimed self-defense after shooting their parents, stating they were afraid their father would harm them because they planned to expose him as a child abuser. While some relatives support the brothers’ request for reduced sentences, Kitty and VanderMolen’s brother, Milton Andersen, opposes their release, believing the claims of molestation were fabricated and that the correct verdict and sentence were issued by the jury.
Hochman, the incoming District Attorney, who has rejected Gascon’s approach to crime, has promised to thoroughly review the case before deciding whether to continue with the resentencing efforts initiated by his predecessor. In addition to the resentencing process, a separate habeas corpus petition is underway, offering another chance for the brothers to attain freedom if successful. The petition is based on new evidence supporting their allegations of child abuse against their father, including a corroborating letter of uncertain origin and the testimony of Roy Rosello, a former Menudo member who claimed he was also abused by Jose Menendez as a child.
Despite Gov. Gavin Newsom’s decision not to grant clemency to the brothers at the moment, he stated that he would wait for Hochman’s review of the case before making a final determination. The situation continues to evolve, with developments expected in the near future.
