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The Menendez brothers listen to the court hearing by telephone as aunts testify on their behalf
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The Menendez brothers listen to the court hearing by telephone as aunts testify on their behalf

Erik and Lyle Menendez’s infamous case was back in court Monday, with the brothers listening on the phone during a status hearing on their habeas corpus petition, which was filed last year for a review of new evidence not presented at trial .

Judge Michael Jesic allowed testimony from two of the brothers’ aunts — their mother’s sister, Joan VanderMolen, and their father’s sister, Terry Baralt — because of health concerns.

The aunts “both made impassioned pleas to the judge to send the brothers home,” attorney Mark Geragos told reporters after the hearing, calling it a “moving experience.”

PHOTO: Joan VanderMolen, sister of Kitty Menendez, arrives at the Van Nuys West Courthouse to attend a status hearing on the murder conviction of Lyle and Erik Menendez on November 25, 2024 in Van Nuys, California.

Joan VanderMolen, sister of Kitty Menendez arrives at the Van Nuys West Courthouse to attend a status hearing on the murder conviction of Lyle and Erik Menendez on November 25, 2024 in Van Nuys, California.

Apu Gomes/Getty Images

“No child should have to endure what Eric and Lyle experienced at the hands of their father,” VanderMolen told the judge. “It breaks my heart that Kitty knew and didn’t do anything about it.”

VanderMolen, who turns 93 on Tuesday, said she loves her nephews and complained that “they never knew if tonight was the night they were going to be raped.” … No child should have to live from day to day knowing that their father would come at night. and rape them… It’s unconscionable.”

However, VanderMolen acknowledged that her brother opposes the siblings’ release.

Joan Andersen VanderMolen, sister of Kitty Menendez, speaks on November 25, 2024 in Los Angeles about whether the Menendez brothers’ first-degree conviction should be reconsidered.

Daniel Cole/Reuters

Baralt, 85, said: “We miss those who are no longer here, but we also miss the children. I would like to see leniency. Thirty-five years is a long time. They have rehabilitated and done a lot of good things.”

When asked by the prosecutor if she knew what the brothers had done, she calmly replied that they had killed their parents.

These booking photos taken on October 10, 2024 show Erik and Lyle Menendez.

CRDC

Jesic has postponed the next scheduled hearing – which concerns the brothers’ sentencing recommendation – from December 11 to January 30 and January 31.

Jesic said he needs time to review 17 boxes of files on the case and wants to give newly elected Los Angeles District Attorney Nathan Hochman enough time to get up to speed.

Hochman, who will take power on December 2, said in a statement that the delay “will give me sufficient time to review extensive prison records, transcripts from two lengthy trials and voluminous evidence, and to consult with prosecutors. I look forward to thoroughly reviewing all the facts and the law to reach a fair and just decision, and then defending it in court.”

Geragos told reporters: “We hope that by the end of this, or sometime before that, we will actually get the brothers released.”

PHOTO: Mark Geragos, attorney for Erik and Lyle Menendez, arrives at Van Nuys Courthouse West in Los Angeles on November 25, 2024.

Mark Geragos, attorney for Erik and Lyle Menendez, arrives at the Van Nuys Courthouse West on the day of a hearing in Erik and Lyle Menendez’s case on whether the Menendez brothers’ first-degree conviction should be vacated in Los Angeles be reconsidered. November 25, 2024.

Daniel Cole/Reuters

Tammi Menendez, Erik Menendez’s wife and Erik Menendez’s stepdaughter walk near the Van Nuys Courthouse West in Los Angeles, November 25, 2024.

Daniel Cole/Reuters

Monday’s hearing was postponed 40 minutes due to problems getting Lyle and Erik Menendez into court via video. After several attempts, the brothers were able to listen to the proceedings over the telephone.

A lottery drawing was held for 16 public seats in the courtroom. Dozens of citizens arrived early in the morning to wait for a chance to witness the hearing.

People will receive a number in hopes of watching the proceedings in court at the Van Nuys West Courthouse before a status hearing on Lyle and Erik Menendez’s mud conviction on November 25, 2024 in Van Nuys, California.

Apu Gomes/Getty Images

The case began in 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, fatally shot their parents, Jose and Kitty Menendez, at the family’s Beverly Hills home. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse at the hands of their father, but prosecutors alleged they killed for money.

The first trial, which had separate juries for each brother, ended in a mistrial. In 1996, after the second trial – in which the judge rejected much of the evidence of sexual abuse – the brothers were convicted and both sentenced to two consecutive terms of life without parole.

Erik Menendez and his brother Lyle (R) listen during a pre-trial hearing, December 29, 1992, in Los Angeles, after the two pleaded not guilty in the August 1989 deaths of their parents, Jose and Mary Louise Menendez.

Vince Bucci/AFP via Getty Images

Two new pieces of evidence are at the center of the brothers’ habeas corpus petition.

Among them are allegations from a former member of the boy band Menudo, who revealed last year that he was raped by the brothers’ father, Jose Menendez.

The second piece is a letter Erik Menendez wrote to his cousin eight months before the murders, detailing his alleged abuse at the hands of his father. The cousin testified about the alleged abuse during the trial, but the letter – which would have corroborated the cousin’s testimony – was not found until several years ago, according to the brothers’ lawyer.

Erik Menendez with his attorney Leslie Abramson and his brother Lyle Menendez in Los Angeles, March 9, 1994.

Ted Soqui/Sygma via Getty Images

As the habeas corpus petition moves through the courts, the brothers have two other possible paths to freedom.

One path is through resentment. Los Angeles County District Attorney George Gascón announced last month that he is recommending revoking the brothers’ life sentence without the possibility of parole. Instead, they should be convicted of murder, which would carry a prison sentence of 50 years to life. Because both brothers were under 26 years old at the time of the crimes, the new sentence would make them immediately eligible for parole.

Erik Menendez, left, and his brother Lyle, in front of their Beverly Hills home, November 30, 1989.

Los Angeles Times via Getty Images

The district attorney’s office said sentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.

Shortly after Gascón’s announcement, he lost his race for re-election to Hochman. The new district attorney said he plans to read through the evidence before voicing his support for re-sentencing.

The other possible path to freedom is the brothers’ clemency petition, which they have submitted to California Governor Gavin Newsom.

Last week, Newsom said he would await Hochman’s “review and analysis of the Menendez case before making any clemency decisions.”

Alex Stone, Matt Gutman and Ashley Riegle of ABC News contributed to this report.