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Menendez Brothers' Resentencing Hearing Delayed Amid Controversies

Erik and Lyle Menendez's resentencing hearing has been postponed to May 9 amid disputes over risk assessments and the prosecution's objections.

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Overview

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Erik and Lyle Menendez's resentencing hearing, which could reduce their life sentences for the 1989 murder of their parents, has been delayed until May 9 due to contentious arguments between their attorneys and prosecutors. The judge paused proceedings to consider a newly completed risk assessment report, mandated by California Governor Gavin Newsom, that evaluates the brothers' potential danger if released. Attorney Mark Geragos plans to request a recusal of the district attorney's office and to reduce the charges to manslaughter. The brothers have consistently maintained their actions were out of self-defense after enduring abuse.

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  • The Menendez brothers are undergoing a resentencing hearing to potentially reduce their life sentences for the 1989 killings of their parents, a process that has drawn public attention and diverging opinions on their fate.
  • While some former supporters, including a prior district attorney, have advocated for their rehabilitation and release, the current district attorney has opposed their resentencing, arguing that the brothers have not taken full responsibility for their crime.
  • Regardless of the outcome of the resentencing, the brothers' case continues to be complicated by parallel appeals for clemency and ongoing debates about the alleged motivations behind their actions.

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The risk assessment report evaluates whether the Menendez brothers pose a danger to public safety if released, a key factor in their resentencing and parole eligibility. It was ordered by Governor Newsom for a separate June parole hearing but became a central dispute in the resentencing process when prosecutors sought its inclusion.

Geragos aims to challenge the prosecution's opposition to resentencing, arguing potential bias or procedural unfairness. The motion relates to disputes over the handling of evidence and the DA's insistence on using the contested risk assessment report.

A 1989 letter from Erik Menendez detailing alleged abuse by his father and testimony from Roy Rosselló, a former Menudo member who claims José Menendez also abused him, form the new evidence presented in their habeas corpus petition.

The law allows resentencing for crimes committed under age 26, making the brothers eligible for parole immediately if their sentences are reduced to 50 years to life (they have served 35 years). Former DA George Gascón cited this provision in his resentencing petition.

A May 9 hearing will address motions regarding the risk assessment report's admissibility and the potential recusal of the DA's office. A separate parole board hearing using the same risk assessment is scheduled for June 13.

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