A long-awaited resentencing hearing for Erik and Lyle Menendez is underway to decide whether the brothers should get a chance at freedom after serving nearly 30 years in prison for murdering their parents.
Several cousins delivered emotional testimony on Tuesday as they pleaded with the judge to release the brothers, claiming they had changed since the killings and that they had been “universally forgiven by the family.”
The brothers appeared via livestream video from prison where they waved at loved ones who were in court for the resentencing hearing that is expected to last two days.
If the Los Angeles judge, who is presiding over the high-profile case, shortens their sentences, the brothers would still need approval from the state’s parole board to get out of prison. They could then potentially go free on time served.
Erik and Lyle Menendez were sentenced in 1996 to life in prison without the possibility of parole for killing their father Jose Menendez and mother Kitty Menendez in 1989.
Defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, but prosecutors said they killed their parents for a multimillion-dollar inheritance.
The case has captured the public’s attention for decades — and the Netflix drama “Monsters: The Lyle and Erik Menendez Story” and documentary “The Menendez Brothers” recently brought new attention to the case.
Last year, former LA County District Attorney George Gascón opened the door to possible freedom for the brothers by asking a judge to reduce their sentences. But the newly elected district attorney Nathan Hochman has opposed the brothers’ resentencing.
Retired judge is next witness to testify
Court is back in session for the afternoon.
A retired judge is providing testimony on behalf of the brothers, NBC reports.
He is the fourth witness to be called by the defense. Three more witnesses are expected to be called by the defense. The state is not expected to call any.
Defense argues brothers should be resentenced to manslaughter and released immediately
Attorney Mark Geragos, who is defending the brothers, said he will argue that the brothers should be resentenced to manslaughter and that they should be released immediately.
“What we are pushing for under the statute is a recall of the sentence, a resentence that is a meaningful modification,” Geragos told reporters outside court during a midday break.
“The meaningful modification would be that they are convicted of a lesser offense, which would be voluntary manslaughter.”
In the original resentencing motion, the resentencing was under murder, which would require a parole hearing, meaning there would be no possibility of immediate release.
Court is on lunch break until 1:30 p.m. PT
Cousin testifies about chilling ‘hallway rule’ at the Menendez brothers’ home
Diane Hernandez, another cousin who said she lived at the Menendez home at one point, begged the judge to let the brothers’ go free.
She told the court that Lyle had confided in her that his father was molesting him and that when Jose was with one of his sons, no one was allowed to go near the room they were in.
Hernandez described it as the “hallway rule” and explained that Jose would claim Erik wasn’t feeling good and then would come down to grab his son dinner.
“It was very strange, but because it was Jose, I didn’t question it,” she said.
Another cousin testifies that Menendez brothers are ‘1,000 times different’
Tamara Lucero Goodell, another cousin, was the second person to testify.
She told the court she was just nine years old at the time of the murders and that Erik and Lyle are like brothers to her.
On cross examination, when asked whether they talked with her about the murders, she responded they did, but only to say they were sorry for the pain caused to the family.
When asked whether she ever saw Kitty or Jose Menendez abuse the brothers, Goodell said she saw Jose Menendez once grab one of them by the back of the neck at a tennis court.
Goodell insisted the brothers, if released today, would not commit a “super-strike” crime, which is a violent crime, something that would prevent resentencing.
She said that if released, Lyle wants to work on green spaces and Erik would like to provide hospice care.
When asked whether the brothers have changed since the murders, she said “they are 1,000 times different.”
Their release “would bring a lot of closure for all of us,” she said.
Erik and Lyle Menendez to speak at their resentencing hearing
Both brothers will speak to the Van Nuys courtroom during their resentencing hearing in an effort to secure their freedom.
Their testimony will come after the arguments on both sides are done at the end of the resentencing hearings, a judge ruled.
The ruling means the brothers will not be subjected to cross-examination by prosecution, NBC reported.
Judge explains only way resentencing would be taken off the table
Prior to the first witness taking the stand, Judge Michael Jesic explained to the court the legislative framework for resentencing.
According to an NBC reporter in the courtroom, the judge said that resentencing would only be taken off the table if there was a presumption that the brothers would commit a specific list of high-level crimes, such as murder or rape.
Cousin makes emotional plea
Baralt’s testimony became emotional as she pleaded with the judge to release her cousins from prison.
“They are very different men,” she explained through tears, adding that “their transformation is remarkable.”
Baralt also told the court that time is running out for the brothers to be reunited with their aging relatives.
When questioned on cross, Baralt told prosecutors that the brothers have taken full responsibility for their crimes.
She also told the court that Lyle Menendez admitted to asking a witness to lie at trial, ABC News reported. But added that they haven’t acknowledged some aspects of the case to her.
‘It has been torture for decades’
Anamaria Baralt told the court how the murders had affected their family.
“It has been a relentless examination of our family in the public eye… it has been a torture for decades.”
First witness is Erik and Lyle Menendez’s cousin
Anamaria Baralt, a staunch supporter of her cousins’ fight for freedom, is the first one to testify at the hearing on Tuesday.
Baralt estimated she’d be to court about 10-15 times for her cousins.
“Thirty-five years is enough… They are universally forgiven by the family,” she said.
Source: independent.co.uk
