Additional Coverage:
- Menendez brothers attorney’s focus on grisly photos part of strategic defense play to free killers: experts (foxnews.com)
Menendez Brothers’ Resentencing Hinges on Multifaceted Legal Strategy
Erik and Lyle Menendez appeared in a Los Angeles court on Thursday for the first hearing in their resentencing bid. The brothers, convicted in 1996 for the 1989 murders of their parents, Jose and Kitty Menendez, are pursuing a three-pronged legal strategy. Another hearing is scheduled for May 9.
Their defense is emphasizing the brothers’ rehabilitation, presenting character witnesses, and highlighting allegations of childhood sexual abuse. Attorney Tre Lovell points to the brothers’ post-conviction accomplishments, including earning a college degree, leading prison self-help classes, and establishing support programs. Lovell underscored the significance of family members, some of whom previously opposed their release, now supporting it.
The defense also challenged the prosecution’s use of graphic crime scene photos during last week’s hearing, arguing it violated Marsy’s Law, which protects victims’ rights. The brothers’ 85-year-old aunt was hospitalized after viewing the photos, prompting strong criticism of the District Attorney’s office from the family. Attorney David Gelman suggests this strategy aims to portray the prosecution as overly aggressive, potentially influencing the judge’s decision.
A key factor in the case is the Comprehensive Risk Assessment (CRA) report ordered by Governor Gavin Newsom’s office. While the report’s completion date is set for June 13, 2025, legal experts disagree on its influence.
Gelman believes the report will be decisive, while former federal prosecutor Neama Rahmani contends the judge will focus on the brothers’ ages at the time of the murders, the alleged sexual abuse, and their behavior and rehabilitation in prison. Rahmani suggests the defense strategy aims to make parole a possibility, even if immediate release isn’t granted.
Following Thursday’s hearing, the brothers’ attorney, Mark Geragos, filed a recusal motion against District Attorney Nathan Hochman. The brothers and their supporters maintain they were unjustly convicted and deserve a reduced sentence.
They allege their father sexually abused them, a claim not fully presented in their original trials. If the judge grants resentencing, the parole board will ultimately decide on their release.