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ERIK and LYLE MENENDEZ are employing a comprehensive legal strategy as they seek resentencing for the 1989 murders of their parents, JOSE and KITTY MENENDEZ, legal experts revealed. The brothers appeared in Los Angeles Superior Court for their first resentencing hearing on Thursday, with the next hearing scheduled for May 9.
Los Angeles attorney TRE LOVELL told Fox News Digital that the defense is focusing on three key arguments: the brothers’ rehabilitation, testimony from character witnesses, and revisiting their claims of childhood sexual abuse. Lovell highlighted the brothers’ post-conviction efforts, including earning college degrees from UC Irvine, leading self-help classes in prison, and initiating support programs like Green Space and a hospice care initiative.
“The resentencing criteria primarily focuses on post-conviction conduct to ensure that the defendants have changed and rehabilitated, and are not a threat to the public,” Lovell explained. The defense is expected to present testimony from prison guards, supporters, and family members, including those who previously opposed their release. “The fact that family members now support their release is very powerful,” Lovell added.
The defense has also pushed back against the prosecution’s use of graphic crime scene photos during a recent hearing, arguing that the images violated Marsy’s Law, which protects victims’ rights. New Jersey attorney DAVID GELMAN noted that the defense’s argument is compelling, particularly as it aims to portray the District Attorney’s Office as overzealous.
The graphic photos reportedly traumatized the brothers’ 85-year-old aunt, TERRY BARALT, who was hospitalized after the hearing. “We are devastated to share that Terry Baralt has been hospitalized and is in critical condition following the Los Angeles District Attorney’s Office’s cruel and careless conduct in court,” a family statement read. Judge MICHAEL JESIC also expressed discomfort with the images, stating, “I wouldn’t want my family to see those images.”
A significant hurdle for the defense is the Comprehensive Risk Assessment (CRA) report, a psychological evaluation ordered by California Governor GAVIN NEWSOM’s office. The report, expected to be completed by June 13, 2025, will play a crucial role in the judge’s decision. “The judge has already said he won’t rule until he sees the CRA reports,” Gelman said. “If this is an even argument right now, the report will tip the scales one way or another.”
However, former federal prosecutor NEAMA RAHMANI argued that the CRA report, while important, is not the deciding factor in resentencing. “The resentencing factors are Erik and Lyle’s age at the time of the murders, being victims of sex abuse, conduct in prison, and rehabilitation,” Rahmani explained. By focusing on these factors, the defense is strategically guiding the judge toward a decision that could make parole a possibility.
During Thursday’s hearing, Judge Jesic announced that the case would reconvene on May 9. The brothers’ attorney, MARK GERAGOS, filed a recusal motion against District Attorney NATHAN HOCHMAN, citing potential bias.
The Menendez brothers were convicted in 1996 for the murders of their parents in their Beverly Hills home. They have since claimed that their father sexually abused them, offering a different narrative than the one presented during their trials. If resentenced, their release would ultimately be determined by the state parole board.
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Sources: Fox News Digital, Stepheny Price, Mike Ruiz.
