Los Angeles
CNN
—

A California judge postponed a scheduled sentencing hearing for Lyle and Erik Menendez in the brothers’ first hearing since they were sentenced to life in prison for the 1989 murder of their parents and the latest step in their bid to regain freedom .

Los Angeles Superior Court Judge Michael Jesic said during a status hearing on Monday that the re-deportation date, originally scheduled for December 11, would be pushed back to January 30. Jesic said he rescheduled the hearing to give the new prosecutor time to review the case.

Current Los Angeles County District Attorney George Gascon was voted out by a wide vote earlier this month and will be replaced next week by Nathan Hochman. Gascon recommended that the brothers be resentenced in October, allowing them to be released from prison after nearly 30 years.

The brothers, who are currently incarcerated in San Diego, appeared virtually for the status hearing – their first court appearance since their conviction in 1996. Technical difficulties prevented their appearance on video.

The two men were last seen in public during the second trial for the murder of their parents. After their first trial ended with two deadlocked juries, they were found guilty in a second trial and sentenced to life in prison without the possibility of parole.

The judge imposed strict restrictions on the courtroom for Monday’s hearing: no cameras were allowed in the courtroom.

Sixteen court seats were offered to the public via lottery in the hours before the hearing, according to a Los Angeles Superior Court news release.

The sisters of both victims testified Monday in favor of blaming the brothers. Joan VanderMolen, Kitty Menendez’s sister, said, “It’s time for them to come home,” and began tearing up in the courtroom.

“No child should have to go through what Erik and Lyle did,” the 93-year-old told the court. “No child should have to live day after day in fear that their father would come and rape them.”

Jose Menendez’s sister, Terry Beralt, 85, said she “would like to hug them and see them” and not go to jail for that.

During their two trials, the brothers did not dispute that they murdered their parents. Instead, they argued that they killed them in self-defense after suffering years of sexual, emotional and physical abuse. Prosecutors, meanwhile, said the killings were premeditated so the men could obtain their parents’ multimillion-dollar estate.

The push to re-examine the case began in 2023, when a Peacock docuseries featured another alleged victim saying he was raped by Jose Menendez — the brothers’ father. Attorneys for the Menendez brothers have filed a habeas petition asking the court to reconsider the conviction and sentence in light of new evidence from the other alleged victim and of a letter Erik wrote about the abuse prior to the murders.

In October, Gascón filed a motion recommending that a judge sentence the siblings, allowing them to be released immediately.

“Not only have they worked on their own self-improvement, but they have also done a lot of work to improve the lives of the people around them, which is unusual,” Gascón told CNN. “I believe they have served enough time.”

The decades-long legal action dates back to 1989, when Jose Menendez, an executive at RCA Records, and his wife, Kitty Menendez, were shot to death in their Beverly Hills home. Lyle was 21 years old and Erik was 18 years old. Lyle called 911 and said, “Someone killed my parents.”

The two men were arrested in March 1990 and charged with first-degree murder. They both went to trial in 1993, each with a separate jury. The proceedings were broadcast on Court TV.

The brothers’ attorneys argued that the brothers were afraid for their lives after experiencing years of abuse, especially at the hands of their father. Both defendants took the stand to testify about the abuse they experienced and said their father threatened to kill them if they did not keep the abuse a secret. Prosecutors, meanwhile, argued that the killings were planned in advance and that the brothers sought financial gain.

Both juries were deadlocked and unable to reach a verdict.

In 1995, the brothers’ new trial began – this time with one jury and no camera in the courtroom. Much of the evidence of sexual abuse was excluded, attorneys said. Both brothers were convicted of first-degree murder and sentenced to life in prison without the possibility of parole.

Since then, the two men have been “model prisoners in every respect,” Gascón said in an interview with CNN in October. The brothers have participated in victim impact programs, workshops and events, and have created multiple programs to help those “in need around them,” according to the resentencing action filed by Gascón.

After decades of not seeing each other, the brothers were reunited in 2018, when Lyle was moved to the same housing unit of a San Diego prison as Erik.

In 2023, a Peacock docuseries, “Menendez + Menudo: Boys Betrayed,” was released, prompting calls to review the brothers’ sentences. The series features the story of Roy Rosselló, a former member of the boy band Menudo, who claims he was raped by Jose Menendez – then the head of RCA Records – in the mid-1980s, when he was 13 or 14 years old.

The Menendez brothers filed a habeas corpus petition shortly after the docuseries was released, citing Rosselló’s allegations and a letter from Erik Menendez to his cousin that they say references the abuse. “I never know when it’s going to happen and it drives me crazy. Every night I stay awake thinking he might come in,” Erik wrote in the 1988 letter. The letter, discovered in 2018, was not presented at either trial, the petition said.

In October, Gascón recommended resentencing the brothers, saying he supports sentencing the brothers to life in prison with the possibility of parole — which would normally mean 50 years to life in prison. But because the crimes occurred when the brothers were under 26 years old, they would have been eligible for juvenile parole under California law.

The district attorney said in October that changing views on sexual abuse and trauma have changed public perception of the case.

“There’s no question that a jury today would probably look at this case very differently than a jury would 35 years ago,” he told CNN.

The case has also received renewed attention because of a television series, “Monsters: The Lyle and Erik Menendez Story.” Erik Menendez has criticized the series’ portrayal of the brothers as “dishonest” and “demoralizing.”

Netflix also released a documentary about the Menendez case last month, in which both men discussed what led to the murders.

Monday’s hearing drew fans who have followed the documentaries and media coverage of the case and are hoping to get a seat in the courtroom. Elena Gordon, who said she first became interested after reading a book about the case, told CNN that she came to the courthouse to “experience what I think is a historic moment for Southern California.”

“I would like to see justice in its purest form, whatever that means, whether they get out or not,” she said.

Gascón’s failed re-election bid has created some uncertainty about the fate of the Menendez brothers. Hochman, the incoming LA County District Attorney and former federal prosecutor who campaigned for a tougher stance on crime, will take office in early December. Hochman has said he needs time to review confidential jail records, trial transcripts and extensive evidence, and to consult with prosecutors, attorneys and relatives of the victims.

“Before I can make a decision on the Menendez brothers’ case, I will need to become thoroughly familiar with the relevant facts, evidence and law,” Hochman said in a statement.

In an interview, Hochman said he would act as “quickly” as possible to review the case.

“If I ask for a delay, it will not be a delay for the sake of delay, because I believe the Menendez brothers, the victims’ family members, the public deserve to have a decision made as soon as it can be made in a thorough manner . Hochman told CNN.

There are other ways the brothers could be released. Gascón also wrote letters to Governor Gavin Newson supporting the brothers in an effort for clemency, allowing the brothers to be released immediately. But Newsom has postponed any clemency decision until Hochman reviews the case, according to a news release from his office.

This story is based on reporting from Nick Watt, Jason Kavarik and Alicia Park in Los Angeles and Jean Casarez in New York. It was written by Zoë Sottile in New York. CNN’s Eric Levenson, Cindy Von Quednow, Dalia Faheid and Taylor Romine contributed to this report.