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Judge delivers the bad news from the Menendez brothers in his return to the courtroom
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Judge delivers the bad news from the Menendez brothers in his return to the courtroom

The Menendez brothers won’t be home in time for Christmas.

A California judge ruled Monday that the Menendez brothers’ sentencing hearing will be postponed from December 11 to the end of January.

The fate of the repeat offender has been up in the air since the prosecutor who called for it, Los Angeles District Attorney George Gascón, lost his re-election bid earlier this month.

Gascón argued in a letter — and at a subsequent news conference — that the brothers, who shot their parents José and Kitty with shotguns in 1989 but claimed they were sexually abused by their father, had served enough time for their crime.

Diane Hernandez, niece of Kitty Menendez, arrives at the Van Nuys Courthouse West on the day of a hearing in the case of Erik and Lyle Menendez on whether the Menendez brothers' first-degree conviction will be upheld on Nov. 25 in Los Angeles needs to be reconsidered. , 2024.

Diane Hernandez, niece of Kitty Menendez, arrives at the Van Nuys Courthouse West on the day of a hearing in the case of Erik and Lyle Menendez on whether the Menendez brothers’ first-degree conviction will be upheld on Nov. 25 in Los Angeles needs to be reconsidered. , 2024.

It appears that Erik, 53, and Lyle, 56, will now have to wait and see if the new district attorney, Nathan Hochman, views their case as positively as his predecessor. The moderate has vowed to thoroughly investigate the matter before taking a position on resentencing. He will be sworn in on December 2.

California Governor Gavin Newsom has so far refused to grant a pardon for the brothers, despite a request made to him by their lawyers. The Democrat said he will let Hochman review the case before getting involved.

Joan VanderMolen, Kitty’s 92-year-old sister, spoke in court Monday to ask a judge to release the brothers as soon as possible.

“I love Erik and Lyle and I want them to come home,” she told the judge, according to Variety. “They never knew if tonight would be the night they would be raped. It’s time for them to come home.”

On Monday, the brothers would be in court together for the first time since 1996, but Variety reported that their courtroom stream from a San Diego jail failed and they never connected. Family members of the duo, including Erik’s wife Tammi Menendez, were spotted outside in and around the Van Nuys courthouse.

Tammi Menendez, wife of Erik Menendez, looks on at the Van Nuys Courthouse West on the day of a hearing in the case of Erik and Lyle Menendez on whether the first-degree conviction of the Menendez brothers in Los Angeles, California, needs to be reconsidered. November 25, 2024.

Tammi Menendez, wife of Erik Menendez, looks on at the Van Nuys Courthouse West on the day of a hearing in the case of Erik and Lyle Menendez on whether the first-degree conviction of the Menendez brothers in Los Angeles, California, needs to be reconsidered. November 25, 2024.

A lottery was held to determine which 16 members of the public would be admitted to the hearing. Those who secured a seat had to hand in their cell phones.

Gascón pointed out last month that the brothers’ ages at the time of the double murder — 21 and 18 — would make them eligible for immediate parole if they were convicted again.

The brothers have moved forward with a habeas corpus petition calling for a new conviction. Included in that petition is a letter Erik sent to his cousin months before the murders, alleging that his father sexually abused him, as well as separate accusations against José made by former Menudo member Roy Rosselló.