Menendez brothers' resentencing postponed again. What happened?
18 Apr 2025

The long-awaited resentencing hearing for Lyle and Erik Menendez has been postponed after a day filled with drama.

The new date is May 9, when the court will decide whether to consider a recent risk assessment by the California Board of Parole Hearings, and if Los Angeles County District Attorney Nathan Hochman should continue with the case.

The delay follows an intense courtroom battle between Menendez's attorney Mark Geragos and Hochman on Thursday.

Dispute over risk assessment report
Courtroom clash

Late on Wednesday, the prosecution sought a copy of a recently made risk assessment by California Board of Parole Hearings at the behest of Governor Gavin Newsom.

The filing also urged the court to delay the hearing if it wasn't able to get a copy of the report by Thursday.

Geragos called it an unnecessary move, leading to heated exchanges in court.

Judge Michael Jesic also expressed confusion over how the report could help the court, saying, "This is stupid."

Menendez brothers' attorney walked out of court
Attorney's exit

After a conference in the judge's chamber, Geragos walked out of the court with about 20 Menendez family members, and Erik's wife, following suit.

Geragos said the governor's office has now permitted the judge to request risk assessment reports. However, he insisted they be restricted to the June 13 parole hearing, since they aren't final yet.

The brothers are serving life for their parents' 1989 murder.

Hochman's motion to withdraw resentencing petition was denied earlier
Legal proceedings

Last week, the Menendez brothers won a major legal victory when the judge denied Hochman's motion to withdraw the resentencing petition former DA George Gascon submitted.

Gascon had supported resentencing and the brothers' release.

In response to this ruling, Hochman said they think the case isn't ready for resentencing because of the Menendez brothers' continued failure to completely understand and accept responsibility for their actions.

Gascon recommended parole eligibility for Menendez brothers
Resentencing recommendations

Last October, Gascon supported resentencing the Menendez brothers, recommending their life sentences be reduced to murder charges with a sentence of 50 years to life.

It would make them immediately eligible for parole as they were under 26 when the crimes were committed.

The new DA Hochman has opposed this move and is fighting to keep them behind bars.

Menendez brothers have multiple paths to freedom
Potential release

The Menendez brothers are also pursuing two other possible routes to freedom.

One is their clemency request from California Governor Newsom, who ordered a thorough risk assessment investigation into whether they are "an unreasonable risk to the public" if granted clemency and released.

The second is their 2023 habeas corpus petition for a review of new evidence not introduced at trial.