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Why Erik and Lyle Menendez Did Not Appear at the Resentencing Hearing
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Why Erik and Lyle Menendez Did Not Appear at the Resentencing Hearing

Due to technical difficulties, Lyle and Erik Menendez were unable to attend the court hearing virtually on Monday, it was confirmed Newsweek by veteran investigative journalist and author Robert Rand – who was present at the court – and has covered the case since 1989.

The brothers’ attorney, Mark Geragos, waived their right to appear, saying after the hearing, “It was the first time in several years that Lyle and Erik have been at least remotely in a courtroom.”

In 1996, the brothers were sentenced to life in prison for the fatal shootings of their parents, mother Kitty Menendez and father José Menendez, in their Beverly Hills home. The brothers have argued in court that they killed them in self-defense after enduring prolonged sexual and physical abuse.

Menendez brothers
Media members gather at the Van Nuys courthouse for a hearing for Erik and Lyle Menendez in Los Angeles on November 25. Technical problems prevented the brothers from attending virtually.

Damian Dovarganes/AP photo

Newsweek contacted the Los Angeles County Superior Court on Monday about the technical glitch.

Were Erik and Lyle Menendez convicted again?

A crucial status hearing was held Monday at the Van Nuys courthouse to determine whether the brothers’ Dec. 11 hearing would proceed or be postponed as new Los Angeles District Attorney Nathan Hochman reviews the case.

The Menendezes’ attorneys – Geragos and Cliff Gardner – are asking Judge Michael Jesic to reduce their sentences.

Menendez brothers
Attorney Mark Geragos arrives at the Van Nuys courthouse in Los Angeles on November 25 for a hearing for Erik and Lyle Menendez.

Damian Dovarganes/AP photo

The hearing was adjourned until January 30, with January 31 reserved if additional time was needed. “We hope that by the end of that, or sometime sooner, on January 30 or 31, we will actually get the release of the brothers,” Geragos said at a news conference.

Who spoke at the status hearing?

Kitty Menendez’s sister, Joan VanderMolen, and José Menendez’s sister, Teresita “Terry” Baralt, testified along with other family members who were present to show their support.

“Both have made impassioned pleas to the judge to send the brothers home,” Geragos said. “Terry testified under oath that she was very close to Jose and practically grew up with him and Joan, and talked about Kitty and all the good things they (Lyle and Erik) have done since they’ve been there. “

Geragos said neither sister knew they would speak, but they chose to do so to speak from the heart. Baralt also spoke after the hearing: “I want them home. They should never have been in such a situation.”

Menendez brothers
Family members of Erik and Lyle Menendez and their attorneys attend a press conference following a hearing in Los Angeles on November 25.

Jae C. Hong/AP photo

Who was present at the status hearing?

In addition to Joan and Terry, several other family members were present to support Erik and Lyle, including Joan’s daughters, Karen VanderMolen-Copley and Diane Hernandez, and Terry’s daughter Anamaria Baralt.

Menendez brothers
José Menendez’s sister, left, and Anamaria Baralt, right, descend the courthouse steps after the hearing in Los Angeles on November 25.

Jae C. Hong/AP photo

Erik Menendez’s wife, Tammi, and stepdaughter, Talia, also appeared at the courthouse.

Menendez brothers
Tammi Menendez, center, wife of Erik Menendez, leaves the hearing at the Los Angeles courthouse on November 25.

Jae C. Hong/AP photo

Lyle’s wife, Rebecca Sneed, was not in attendance and addressed her decision on Lyle’s Facebook page: “I will not be there. There is no need for further media frenzy – more than what will already be happening.”

When will Erik and Lyle Menendez next appear in court?

On October 24, District Attorney George Gascón announced plans to recommend that the Menendez brothers’ life sentences, without the possibility of parole, be replaced with a sentence of 50 years to life for murder. He said they would be immediately eligible for parole because of their ages at the time of the killings.

But Gascón lost his re-election bid to former U.S. Assistant Attorney General Nathan Hochman, who takes office on December 3.

Menendez brothers
Nathan Hochman, left, speaks at a campaign event in Los Angeles on October 26, while George Gascón, right, is pictured at the Los Angeles County District Attorney candidate forum on September 29.

AP photo

“Once I take office on December 3, I look forward to doing the hard work of thoroughly reviewing the facts and law of the Menendez case, including reviewing the confidential prison records, the transcripts of the two trials, as well as the extensive evidence. as spoken to the prosecutors, attorneys and family members of the victims,” Hochman said in a statement.

“This is the same kind of rigorous analysis that I have done during my 34-year career in criminal law as a prosecutor and defense counsel, and the same kind of thorough review that I will provide to all cases, regardless of media attention,” Hochman continued.

If Hochman does not change Gascón’s recommendation, the key question after Hochman’s review will be whether Jesic approves of the decision and whether the parole board agrees to release the brothers.

Have a story Newsweek should cover? Do you have questions about this story or the Menendez brothers? Contact [email protected].