After a judge ruled against them last week, prosecutors from the Los Angeles County District Attorney’s Office filed a new motion to postpone the Menendez brothers’ resentencing hearing so that the court could review a recently completed parole board assessment.
“The People request that the Court make all reasonable efforts to obtain the recently completed Comprehensive Risk Assessments from the Governor’s Office,” prosecutors wrote in their legal filing. “If additional time is required to obtain these documents, the People ask the Court to continue the resentencing hearing.”
The motion stems from the Menendez brothers’ other chance at freedom, an appeal for clemency from California Governor Gavin Newsom. In late February, Newsom directed the state parole board to conduct a risk assessment on Erik and Lyle Menendez as one of the first steps toward clemency.
Newsom stated that a decision on the Menendez brothers’ request for clemency will be made following their final risk assessment hearing in June.
“On June 13, both Lyle and Erik Menendez, independently, will have their final hearing,” Newsom said on his titular podcast. “That would weigh into our independent analysis of whether or not to move forward with the clemency application to support a commutation.”
However, the LA County DA claimed that the board finished the risk assessment reports on April 15.
“On April 15, 2025, the People were made aware that the Parole Board has completed its Comprehensive Risk Assessment Reports for Erik and Lyle Menendez,” prosecutors wrote in their legal filing.
“Although the People were directed not to disclose these reports due to the Governor’s Executive privilege and for other reasons, the Governor’s Office has invited the Court to request these documents for use at the resentencing hearing.”
The district attorney argued that both parties had referred to previous reports during the proceedings.
“There is no legitimate reason why the court should not possess the most current and up to date risk assessments before making any resentencing decisions in this case,” prosecutors wrote in their letter.
Erik and Lyle Menendez were sentenced to life in prison with no possibility of parole for the 1989 murders of their parents, Kitty and Jose Menendez. The brothers admitted to the killings, but claimed they did so in self-defense after years of abuse from their parents.
They had been in custody for more than 30 years when former District Attorney George Gascón filed a motion to reduce the brothers’ sentences and grant them parole eligibility.
District Attorney Nathan Hochman asked to withdraw his predecessor’s motion after reviewing tens of thousands of court documents, trial transcripts, prison records, and other statements. Hochman claimed Gascón’s previous motion did not fully consider whether the brothers accepted full responsibility for their crimes.
With this reasoning, Hochman requested that the court allow him to withdraw Gascón’s motion. However, LA County Judge Michael Jesic denied Hochman’s request, allowing the case to proceed on Thursday, April 17.
“These murders were calculated, premeditated, cold-blooded killings,” Hochman stated after the hearing. “Our position remains clear: Until the Menendez brothers finally come clean with all their lies of self-defense and suborning and attempting to suborn perjury, they are not rehabilitated and pose an unreasonable risk of danger to public safety.”
Following the decision, the brothers’ attorney, Mark Geragos, thanked the judge and declared, “Justice won over politics,” a sentiment echoed by Menendez family members advocating for Erik and Lyle’s resentencing.
“Today’s ruling confirms something that should have never been questioned,” cousin Anamaria Baralt said. “The facts, fairness, and the law are still important.
The court made it clear that this is not a political process. It’s about the truth. It is about justice. And it’s about giving people the opportunity to show who they are now, rather than who they were in their darkest moments.”
Following the decision, Hochman issued a statement disputing claims that his request was politically motivated.
“In denying our request to withdraw the prior DA’s resentencing motion, the Court rejected the Menendez brothers’ argument that our request was based just ‘on the political winds,’ acknowledging that this Office has pursued an impartial, non-political agenda in this case grounded in the facts and the law,” noted Hochman.
Before taking office as district attorney, Hochman stated that he “wouldn’t engage in delay for delay’s sake.”
“And I wouldn’t engage in delay for delay’s sake because this case is too important to the Menendez brothers,” Hochman explained in November. “It is extremely important to the victims’ families. It’s too important to the public to put off doing the review that people should expect from a district attorney any longer.”
However, Hochman’s tone toward the case shifted in February, when he claimed that the brothers lied on multiple occasions during the investigation.
“The basis for that request is that the prior motion did not examine or consider whether the Menendez brothers have exhibited full insight and taken complete responsibility for their crimes by continuing to lie for over 30 years,” Hochman stated in March, after requesting that the court withdraw Gascón’s motion.