Menendez brothers resentencing pushed back, judge eyes late January

A California judge has decided to delay the highly anticipated resentencing hearing for Erik and Joseph “Lyle” Menendez, the Beverly Hills brothers who are currently serving life without parole for the brutal murders of their parents in 1989. The outgoing Los Angeles District Attorney George Gascon had requested the court to reduce their sentences less than two weeks before Election Day, but he ultimately lost to independent candidate Nathan Hochman, who will take office on December 2.

Judge Michael Jesic stated that he would not be ready for the previously scheduled hearing on December 11 and has now rescheduled it for late January, out of respect for the new administration. Both sides have agreed to this postponement. Defense Attorney Mark Geragos has mentioned that he expects the hearing to take more than a day in court.

The new date for the hearing has been set for January 30, and any filings to change the date further must be submitted by January 17. Due to a technical glitch, the Menendez brothers did not appear virtually as expected, and Geragos waived their right to appear while the court addressed scheduling. Two witnesses are still expected to testify, including the brothers’ 93-year-old aunt, Joan Andersen VanderMolen, who is the sister of their mother.

The Menendez brothers shot their parents, Mary “Kitty” Menendez and Jose Menendez, in their living room while they were watching TV and eating ice cream. They later claimed self-defense, alleging that they were afraid their father would kill them because they planned to expose him as a child sex abuser.

While two dozen relatives have supported the brothers in their quest for reduced sentences, Kitty and VanderMolen’s brother, Milton Andersen, remains vehemently opposed to their release. Andersen believes that the claims of molestation were fabricated and that the correct verdict and sentence were issued by the jury.

Hochman, the incoming District Attorney, has pledged to thoroughly review the case before deciding whether to continue with the resentencing push initiated by Gascon. A separate habeas corpus petition is also pending in court, which could provide another avenue to freedom for the brothers if successful. The petition is based on newly emerged evidence supporting their allegations of child abuse against their father.

Governor Gavin Newsom has also declined to grant a clemency petition for the brothers, stating that he will defer to Hochman’s review of the case before making a decision. This story is still developing, and updates will be provided as more information becomes available.