Los Angeles County District Attorney Nathan Hochman has filed a conditional motion to postpone the pivotal resentencing hearing for Erik and Lyle Menendez, which is set for today, April 17. His office wants Judge Michael Jesic to wait until a risk assessment report, ordered by Governor Gavin Newsom, is reviewed by the court.
That report, completed earlier this week, is a key element in Newsom’s ongoing clemency review. The Governor is expected to decide by June 13 whether the brothers, convicted in 1996 for murdering their parents in 1989, deserve a sentence reduction or even release.
DA’s Office Uses Governor’s Report to Stall
In a filing submitted Wednesday, the DA’s office stated:
“The People were made aware that the Parole Board has completed its Comprehensive Risk Assessment Reports… Although the People were directed not to disclose these reports, the Governor’s Office has invited the Court to request them for use at the resentencing hearing.”
The motion urges the court to obtain the documents from Newsom’s office, and if more time is needed, to delay the hearing altogether.
This would set the process back once again, after it had already been delayed several times because of wildfires, bureaucratic changes, and political squabbles.
What’s at Stake for the Menendez Brothers?
Erik and Lyle Menendez were sentenced to life without parole in the 1990s after being convicted of murdering their wealthy parents, José and Mary Louise Menendez. The case resurfaced in public consciousness after a Netflix and Ryan Murphy docudrama reignited debate over the brothers’ claims of lifelong abuse.
In the wake of that renewed interest, then-DA George Gascón filed a motion to reconsider their sentences. However, after Hochman took office last year, he reversed that decision, arguing the brothers “continue to weave a continuum of lies.”
On March 10, Hochman publicly withdrew the resentencing motion, saying he saw no reason for a new trial.
Family Tensions Escalate Over Graphic Photos
Last week, Judge Jesic rejected an attempt by the DA’s office to dismiss the resentencing hearing entirely. That session sparked more controversy when prosecutors displayed crime scene photos of José Menendez’s body.
The brothers’ family was outraged. Their aunt, Terry Baralt, 85, was reportedly hospitalized in distress. The family filed for a formal admonishment of the DA’s office for what they called “scandalous behavior.”
They also pushed for a separate hearing on Thursday morning, just an hour before the resentencing hearing, to address the alleged misconduct.
DA Seeks Advantage With Governor’s Office Involvement
The DA’s office appears to be using the early morning misconduct hearing to strategically introduce the Governor’s report. In a declaration, Deputy DA Habib Balian claimed that he was instructed to keep the report confidential:
“The People were directed to maintain the confidentiality of the reports,” Balian said, noting they may include “sensitive and protected information.”
Yet, on the same day, court personnel allegedly informed him that the Governor’s office had told the court it could request access.
Political Motives or Legal Strategy?
Critics say this last-minute move puts pressure on Governor Newsom and conveniently shifts responsibility to him. If the court accepts the DA’s motion, it could delay any resentencing decision until after Newsom’s clemency ruling in June.
Some view the move as politically calculated by Hochman, whose office took to social media to frame their stance ahead of today’s hearings, without even acknowledging their latest filing.
What Happens Next?
With the 9:30 a.m. PT resentencing hearing still on the calendar and an 8:30 a.m. misconduct session preceding it, emotions are expected to run high in court today. The Menendez brothers remain at the center of a legal, political, and cultural firestorm decades after their trial.
Whether the judge moves forward with the resentencing or grants the DA’s request for delay, one thing is clear, that this case is far from over.
