A number of cousins of Erik and Lyle Menendez testified Tuesday on the brothers’ resentencing listening to that they need to be launched after serving almost 30 years in jail for the double homicide of their dad and mom, and that they might welcome them into their houses.
The brothers didn’t present any obvious emotion throughout many of the testimony as they appeared through livestream video, however chuckled when one in all their cousins, Diane Hernandez, advised the court docket that Erik Menendez acquired A+ grades in all of his courses throughout his most up-to-date semester in faculty.
A Los Angeles choose is presiding over the listening to that’s anticipated to final two days. If he shortens their sentences, the brothers would nonetheless want approval from the state’s parole board to get out of jail. They may then probably go free on time served.
This mixture of two reserving images offered by the California Division of Corrections reveals Erik Menendez, left, and Lyle Menendez.
California Dept. of Corrections through AP, File
They have been sentenced in 1996 to life in jail with out the potential for parole for murdering their father, Jose Menendez, and mom, Kitty Menendez, of their Beverly Hills residence in 1989. The brothers have been 18 and 21 on the time of the killings. Whereas protection attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors mentioned the brothers killed their dad and mom for a multimillion-dollar inheritance.
As a result of wildfires within the LA space, and disputes between LA prosecutors and protection attorneys, the hearings have been delayed for months.
The case has captured the general public’s consideration for many years — and final 12 months, the Netflix drama Monsters: The Lyle and Erik Menendez Story and documentary The Menendez Brothers introduced new consideration to the case. Supporters of the brothers have flown in from throughout the nation to attend rallies and hearings prior to now few months.
Listening to begins with testimony from a member of the family
The choose kicked off the listening to by reminding the packed courtroom that prosecutors should show that the brothers are at an “unreasonable danger” of committing severe and violent crimes once more if launched.
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The protection started by calling Ana Maria Baralt, a cousin of Erik and Lyle, who testified that the brothers have repeatedly expressed regret for his or her actions.
“All of us, on each side of the household, imagine that 35 years is sufficient,” Baralt mentioned. “They’re universally forgiven by our household.”
One other cousin, Tamara Goodell, mentioned she had not too long ago taken her 13-year-old son to fulfill the brothers in jail, and that they might contribute a number of good to the world if launched.
Lastly, Hernandez, who additionally testified throughout Erik and Lyle’s first trial, spoke concerning the abuse she witnessed within the Menendez family when she lived with them and the so-called “hallway rule.”
“When Jose was with one of many boys … you couldn’t even go up the steps to be on the identical flooring,” Hernandez mentioned of the daddy.
Decide to rule on a lesser sentence
The resentencing listening to will middle on whether or not the brothers have been rehabilitated in jail and deserve a lesser sentence of fifty years to life. That may make them eligible for parole beneath California’s youthful offender legislation as a result of they dedicated the crime beneath the age of 26.
Their protection lawyer, Mark Geragos, mentioned outdoors the court docket Tuesday that he desires the choose to scale back their expenses to manslaughter and provides them time served to permit them to be instantly launched.
FILE – Erik Menendez (L) and his brother Lyle (R) hear throughout a pre-trial listening to, on December 29, 1992 in Los Angeles after the 2 pleaded harmless within the August 1989 shotgun deaths of their rich dad and mom, Jose and Mary Louise Menendez of Beverly Hills, Calif.
Vince Bucci / AFP through Getty Photographs
A minimum of seven relations are anticipated to testify on the hearings.
Los Angeles County prosecutors argued in opposition to the resentencing. They are saying the brothers haven’t taken full accountability for the crime.
Geragos emphasised that the aim of resentencing is to “encourage rehabilitation.”
“That’s the legislation,” Geragos mentioned, “not relitigate the info of the crime because the D.A. desires to do.”
Former district lawyer and household help resentencing
The earlier LA County District Lawyer George Gascón had opened the door to attainable freedom for the brothers final fall by asking a choose to scale back their sentences. His workplace mentioned the case would’ve been dealt with in another way right now attributable to trendy understandings of sexual abuse and trauma, and the brothers’ rehabilitation over three a long time in jail.
A resentencing petition laid out by Gascón focuses on the brothers’ accomplishments and rehabilitation. The brothers’ attorneys say their purchasers have labored laborious to raised themselves and provides again to the jail neighborhood. The prolonged Menendez household, aside from an uncle who died in March, has mentioned they need the brothers to be freed.
Since their conviction, the brothers have gotten an training, participated in self-help courses and began varied help teams for his or her fellow inmates.
The brand new LA prosecutor modified course
The present district lawyer Nathan Hochman mentioned Tuesday that he believes the brothers should not prepared for resentencing as a result of “they haven’t come clear” about their crimes. His workplace additionally has mentioned it doesn’t imagine they have been sexually abused.
“Our place is just not ‘no,’ it’s not ‘by no means,’ it’s ‘not but,’” Hochman mentioned. “They haven’t totally accepted accountability for all their prison conduct.”
Prosecutors additionally say the brothers haven’t admitted to mendacity throughout their trial.
Lately, prosecutors cited the forensic psychologist’s evaluation that mentioned the brothers had not too long ago damaged jail guidelines by smuggling cellphones inside, which Hochman argued demonstrated an incapacity to manage their very own habits. It got here to the conclusion that they have been “reasonably extra seemingly” than others to have interaction in violence locally, Hochman mentioned.
Hochman’s workplace tried twice to withdraw the resentencing petition however each makes an attempt have been rejected by Los Angeles County Superior Courtroom Decide Michael Jesic. He might resolve on the resentencing from the bench or subject a written ruling later.
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