Menendez brothers' resentencing hearing postponed until January

A Los Angeles judge on Monday delayed the upcoming resentencing hearing of convicted killers Lyle and Erik Menendez, who are seeking their release from a California prison where they are serving life without parole for the shotgun murders of their parents in the family's opulent Beverly Hills home 35 years ago.

In postponing the Dec. 11 hearing until Jan. 30, Los Angeles Superior Court Judge Michael Jesic said he and newly elected District Attorney Nathan Hochman need the extra time to review the case. Hochman takes office next Monday.

The brothers' aunts testified in their favor at Monday's status hearing in a Los Angeles courtroom and the brothers spoke from their San Diego-area prison, but the video call connection encountered technical difficulties and they could not be seen in their first court appearance in 28 years.

After their first trial ended in a mistrial, a jury found the brothers guilty in 1996. Jesic will decide whether new evidence supporting claims they were sexually and physically abused by their father, wealthy music industry executive Jose Menendez, is sufficient to re-examine the case. Jesic could even decide to free the men.

At trial, defense lawyers argued the brothers acted in self-defense and said they were abused by both parents. Lyle, then 21, and Erik, then 18, had confronted their parents and believed Jose and their mother, Kitty Menendez, might kill them to prevent them from going public with the abuse, their lawyers argued.

Prosecutors at the time dismissed the abuse claims as untrue, saying the brothers were seeking their parents' fortune, then valued at about $15 million. A spending spree for Rolex watches, lavish trips and a sports car conducted by the brothers between the murders and their arrests helped fuel public skepticism about their plight.

Defense lawyers and family members now say the judge overseeing the second trial excluded substantial evidence of the abuse. The new evidence includes a letter Erik Menendez purportedly wrote to his cousin eight months before the murders detailing alleged abuse.

Menendez brothers' bid for freedom: Another step forward

Aunts plead for the brothers' release

A series of appeals, documentaries and podcasts since their convictions have kept the case in the spotlight. Their plea for release from the Richard J. Donovan Correctional Facility near San Diego gained momentum last month after Los Angeles District Attorney George Gascón petitioned a court to resentence the men to 50 years to life on two counts of first-degree murder.

Under California law, they would be eligible for youth parole since they were under 26 at the time of the crime and have already served 30 years in prison.

Teresita Baralt, Jose's older sister, and Joan Andersen VanderMolen, a sister of Kitty Menendez, asked the court Monday for the brothers' release, noting the abuse they suffered and subsequent long imprisonment.

“We miss those who are gone tremendously,” Baralt said in emotional testimony, according to the Associated Press. “But we miss the kids, too.”

New district attorney could have impact on case

Politics could play a role in the fate of the brothers. The path to freedom would be much smoother with the support of the county prosecutor's office. Gascón lost his bid for reelection Nov. 5 to Hochman, who won easily while pledging to take a tougher stance on crime.

Gascón has been a champion of revisiting and sometimes freeing wrongfully convicted or harshly sentenced felons. Hochman has said he will continue the work of freeing anyone being unjustly held. But he also expressed concern that Gascón's support for the brothers might have been politically motivated. Hochman said he wants to review transcripts from the trials and disciplinary records from prison before making a recommendation in the case.

"This is the same type of rigorous analysis I have done throughout my 34-year career in criminal justice as a prosecutor and defense counsel, and the same type of thorough review that I will give to all cases regardless of media attention," Hochman said in a statement issue Monday.

Letter, other abuse claims could be key

The case gained fresh attention around the new evidence, which includes the letter purportedly written by Erik Menendez to his cousin, Andy Cano. Excerpts were included in the 2023 petition filed by the brothers' attorneys.

"I’ve been trying to avoid dad. Its still happening Andy but its worse for me now,” the letter said, according to an excerpt. “I never know when its going to happen and its driving me crazy. Every night I stay up thinking he might come in.”

Later, the letter states: "I know what you said before but I'm afraid. You just don't know dad like I do. He's crazy! He's warned me a hundred times about telling anyone."

Investigators also are examining allegations from a member of the 1980s pop band Menudo that he was abused by Jose Menendez. Those allegations were publicized last year in a Peacock documentary series called "Menendez + Menudo: Boys Betrayed."

Calif. governor will not review claim: No review until DA examines case

Clemency effort also could bring freedom

Another avenue for freedom would be clemency. Gascón sent letters on behalf of each brother to California Gov. Gavin Newsom expressing "strong support" for clemency, citing the brothers' "dedication to rehabilitation." Newsom last week declined to make a decision, saying he wanted to provide incoming DA Hochman with an opportunity to review the case.

Brothers earned degrees in prison

While in prison, Lyle, now 56, earned an associate degree in sociology from Southwestern College and then graduated from the University of California, Irvine, with a bachelor's degree. He also created four prison programs to assist fellow inmates and created and wrote the WIRE bulletin that communicates Inmate Advisory Council matters to the inmate population, Gascón wrote.

Erik, 53, also earned an associate degree in sociology and has been accepted to the University of California. In 2022, he earned a Certificate in Proficiency in American Sign Language from Southwestern College. He has created five prison programs, Gascón said.

(This story was updated to add new information.)

This article originally appeared on USA TODAY: Menendez brothers' resentencing hearing delayed until late January