A Los Angeles judge has ruled that the Menendez brothers will proceed to a resentencing hearing next week, rejecting an attempt by District Attorney Nathan Hochman to withdraw a petition originally filed under former DA George Gascón.
Judge Michael Jesic delivered the decision Friday during a daylong hearing at the Van Nuys courthouse. Lyle and Erik Menendez appeared remotely from a San Diego prison, where they have been held since their 1996 convictions for the 1989 killings of their parents, Jose and Kitty Menendez.
The ruling ensures that the resentencing hearings will begin April 17. Judge Jesic may uphold the current sentence, impose a term of 50 years to life, or reduce the sentence to time served, which could lead to immediate parole eligibility.
The case has resurfaced in public conversation following renewed media interest, including a Netflix dramatization produced by Ryan Murphy. Actor Cooper Koch, who portrayed Erik Menendez in the series, was in attendance at Friday’s hearing.
The prosecution argued that the brothers have not shown sufficient rehabilitation or taken full responsibility for their actions. Hochman said his office maintains the view that the killings were “calculated, premeditated, cold-blooded” and added that, “Until the Menendez brothers finally come clean with all their lies of self-defense and suborning and attempting to suborn perjury, they are not rehabilitated and pose an unreasonable risk of danger to public safety.”
Deputy District Attorney Habib Balian, presenting in court, told the judge that the defendants have yet to acknowledge the “severity and depravity” of the crimes.
Hochman has maintained that the motion filed by his predecessor was flawed, arguing it failed to properly evaluate whether the defendants had gained full insight into their crimes. His office sought to withdraw that motion but was met with resistance from the court.
Jesic determined that the attempt to retract the resentencing petition did not meet the requirements set by a California appeals court precedent, which states that a district attorney must provide a legitimate reason to justify such a withdrawal. He ruled that the lack of legal clarity in this area did not support halting the proceedings.
Defense attorney Mark Geragos, speaking outside the courthouse, praised the decision. “Justice won over politics. It’s been a long time coming for anybody who’s been in the courtroom,” he said, calling it “probably the biggest day since [the brothers] have been in custody.” Several members of the Menendez family were present to support the defense.
The brothers’ legal team is seeking a sentence that would offer the possibility of parole or immediate release. If granted, they would become eligible for a parole process that is already in motion at the state level.
Governor Gavin Newsom has ordered a clemency review. In February, he directed the state parole board to complete a 90-day risk assessment of both brothers to determine if they pose a public threat. Newsom said the outcome of that evaluation will be considered as part of his review of their clemency request. That hearing is scheduled for June 13. “We will submit that report to the judge for the resentencing, and that will weigh into our independent analysis of whether or not to move forward with the clemency application,” Newsom said on his podcast.
Hochman has said that while he does not dispute allegations of abuse brought forward by the defense, he does not view them as relevant. Claims have been made by former Menudo member Roy Rosselló and through a letter Erik reportedly wrote to a cousin. Both suggest past abuse by Jose Menendez. Hochman has stated that these accounts were not part of the original legal defense and therefore do not influence his position.
He added that his office would review the judge’s justification for any resentencing decision, but he would not challenge a ruling that aligns with applicable law.
The Menendez case continues to draw attention, not only due to its legal developments but also because of its cultural presence. The first trials in the 1990s became national television events, and renewed focus on the case through streaming series and documentaries has brought it back into public focus.
Separately, the DA’s office has faced internal scrutiny. Two deputy district attorneys, Nancy Theberge and Brock Lunsford, recently filed a lawsuit against Hochman’s administration, alleging retaliation for having supported the Menendez resentencing petition during Gascón’s tenure. Hochman has denied the claims and stated that the resentencing position was formed based on a non-political legal analysis.
The Menendez brothers, now 57 and 54, have served more than three decades in prison. Their legal team continues to argue that circumstances have changed since the time of their trial, and that new information deserves legal reconsideration.