The legal team for the Menendez brothers, convicted killers who claim they shot their parents in self-defense after years of abuse, has expressed hope that the two could be home with their family by Thanksgiving after a resentencing push overcame a major hurdle last week. Although the timeline may be unlikely, experts believe that the brothers could potentially go free despite exhausting all of their appeals years ago and receiving sentences of life without parole. The brothers, Erik and Joseph “Lyle” Menendez, killed their father, Jose Menendez, and mother, Kitty Menendez, claiming they feared for their lives. The legal battle for reduced sentences has taken a positive turn, with Los Angeles District Attorney George Gascón and key players in the judicial system showing support for reconsidering the Menendez brothers’ sentences.
Mark Geragos, the brothers’ defense attorney, has been working tirelessly to secure their freedom through various legal avenues. Gascón’s challenger, Nathan Hochman, who is leading in recent polls, could potentially influence the outcome of the resentencing hearing scheduled for December. If Hochman wins the election, he may ask the judge to delay the hearing to familiarize himself with the case. Judge Michael Jesic is expected to preside over the resentencing hearing on Dec. 11, where the district attorney’s office will seek sentences of 50 years to life in prison for the brothers. Following a possible reduction in their sentences, the California Parole Board will conduct hearings to determine their eligibility for release, with Governor Gavin Newsom having the final say.
Newsom, who has the authority to approve or veto the parole of the Menendez brothers, has previously made varied decisions on similar cases during his tenure. If the parole board recommends their release and Newsom denies it, the brothers may have the option to sue the governor. Conversely, if the parole board denies their release, Newsom could still choose to free them. The brothers’ uncle, Milton Andersen, who opposes their release, has raised concerns about potential false claims and fabricated evidence presented during the trial. Additionally, a separate habeas petition filed by the brothers could also impact their possible release or reduced sentences without going through resentencing or clemency procedures.
While the Menendez brothers’ legal team is optimistic about the possibility of their release, there are still several steps and key players involved in the process. In the event that the brothers are resentenced to reduced terms, they will face parole hearings before the California Parole Board, with Governor Newsom having the final authority in determining their fate. The uncertainty surrounding the outcome of the resentencing hearing, the upcoming election, and public opinion on the case all contribute to the complex legal battle for the Menendez brothers’ freedom. The involvement of key figures such as Mark Geragos, Nathan Hochman, and Judge Michael Jesic adds further complexity to the decision-making process, with varying perspectives and interests at play in determining the fate of the convicted killers. Ultimately, the legal saga surrounding the Menendez brothers’ case reflects the complexities of the criminal justice system and the challenges in seeking justice and fairness for all parties involved.