Prosecutors, Defense Trade Barbs as Menendez Resentencing Hits Snag
Los Angeles County Superior Court Judge Michael Jesic has postponed a key resentencing hearing for Erik and Lyle Menendez, pushing proceedings to May amid escalating legal clashes between prosecutors and defense attorneys over evidence and the handling of the case.
Judge Jesic ordered the delay during a contentious hearing on Thursday, stating that two unresolved issues must be addressed before moving forward. At the heart of the dispute are newly completed risk assessments ordered by Gov. Gavin Newsom, as well as whether the Los Angeles County District Attorney’s Office should continue to oversee the prosecution.
Jesic scheduled a new hearing for May 9 to determine if the California Board of Parole Hearings’ recent evaluation of the Menendez brothers, conducted as part of a clemency review process, can be introduced as evidence in court. He also agreed to hear arguments from Menedez’s attorney, Mark Garagos, on whether District Attorney Nathan Hochman and his team should be disqualified due to allegations of misconduct and bias.
“I need clarification from the governor’s office. This is stupid,” Jesic remarked at one point, expressing frustration over the unclear status of the reports and their admissibility. The documents in question were completed at Newsom’s request and, according to prosecutors, contain relevant information that could impact the court’s decision on whether to resentence the brothers.
The Los Angeles District Attorney Nathan Hochman’s office filed a motion Wednesday night requesting that the court delay the resentencing hearings until it could obtain and review the risk assessment reports. They argued the documents offer valuable insight into the potential risk the Menendez brothers may pose if released.
A Menendez cousin, Tamara Goodell, who filed a complaint against DA Hochman in March, said, “I don’t feel safe with him,” referring to DA Hochman after calling him patronizing and hostile in the complaint, as quoted by ABC Eyewitness News.
Tensions in the courtroom ran high as defense attorney Mark Geragos denounced the prosecution’s effort as a “dog and pony show.” When prosecutors pushed back, objecting to Geragos’ tone, he shot back, “You should be degraded!”
Meanwhile, a legal filing representing nearly 20 family members of the victims accused the district attorney’s office of “scandalous behavior” and demanded an apology from both Hochman and Assistant Head Deputy District Attorney Habib Balian.
The resentencing hearing was set to begin on Thursday, with a lineup of family witnesses prepared to testify on behalf of the brothers. Instead, the court remains stalled until the judge resolves how, or whether, the governor’s risk assessments and prosecutorial conduct will influence the future of the case.
The Menendez brothers, convicted in 1996 for the shotgun killings of their parents, José and Kitty Menendez, have spent more than three decades in prison. Their legal team continues to pursue resentencing, citing their rehabilitation and claims of childhood abuse. The Los Angeles District Attorney, Nathan Hochman, maintains that the original sentence, life without the possibility of parole, should remain in place.