Menendez brothers’ resentencing hearing postponed until January

After spending more than 30 years behind bars for killing their parents, Lyle and Erik Menendez have a hope at being released from prison.

The 1989 murder case, which has gripped the US for decades, burst into life again this autumn when Los Angeles’s top prosecutor backed the brothers’ bid for resentencing.

The move could allow for their immediate release – if approved by a judge and a parole board.

But their path to freedom will face a few hurdles.

The brothers teleconferenced into a court hearing on Monday as several relatives testified in support of their release. During the hearing, a judge postponed taking up their resentencing bid until 30 January.

Here we break down what’s happening as they seek their freedom.

Jose and Kitty Menendez were found dead inside their Beverly Hills mansion after being shot 13 times in August 1989.

Their sons – Erik and Lyle – called police, telling authorities they had got home and found their parents dead.

Police initially thought it was a mob hit but lavish spending and partying shifted the focus on to the brothers.

A confession to their psychologist was their undoing. The doctor’s girlfriend secretly recorded their confession and reported it to authorities.

In March 1990, the brothers were charged by police. They went to trial in 1993 and the brothers admitted to the killings but argued they acted out of self-defence.

They outlined years of emotional, physical and sexual abuse – namely by their father, Jose, a music and film executive in Hollywood.

Lyle and Erik testified that they confronted their parents about the sexual abuse and things had become combative and that they believed their parents were planning to kill them.

Family members testified about abuse they witnessed but none said they saw sexual abuse firsthand.

Prosecutors argued their motive was a $14m (£10.8m) inheritance.

Their first trial ended with a mistrial, but a second trial in 1995 led to them to being convicted of first-degree murder.

Fast forward nearly three decades, and public interest has been renewed, after a successful Netflix drama and docuseries.

More than two dozen members of the Menendez family, and celebrities such as Kim Kardashian, say Erik and Lyle, now aged 53 and 56, should be released.

On Monday, several family members appeared in court for a status hearing in the case.

Kitty Menendez’s sister, Joan Anderson VanderMolen, testified in court Monday and pleaded for the judge to allow their release.

“I want them to come home,” the 92-year-old said, using a walker to reach the front of the courtroom. “No child should have to ensure what Erik and Lyle lived through.”

Jose Menendez’s sister, Terry Beralt, 85, also testified in support of their release. “Thirty-five years is a long time,” she said, having to pause several times as she teared up.

She said she wanted the opportunity to see and hug them – without going to a prison to do so.

But the family is not in total agreement.

A lawyer for Kitty Menendez’s brother, Milton Andersen, called the brothers “cold-blooded” and said their “actions shattered their family and left a trail of grief that has persisted for decades”.

Mr Andersen believes his nephews should stay in prison for their “heinous act”, according to his lawyer, Kathy Cady.

Current Los Angeles County District Attorney George Gascón agreed to reexamine the case, and in late October, he recommended the brothers be resentenced to a lower penalty that would make them immediately eligible for parole.

He pointed to the brothers’ rehabilitation efforts in prison – their educational accomplishments and contributions to the community.

Gascón also noted that with today’s deeper understanding of the impact of sexual and physical abuse on children, the trial would be approached differently.

But critics of Gascón say he only got involved to help his poll numbers running for re-election.

He lost and the new district attorney, Nathan Hochman, has promised to be tougher on crime.

He takes office on 2 December, and a crucial hearing to examine the Menendez brothers’ potential resentencing was originally scheduled days later on 11 December.

That has now been postponed until 30 January. The judge is expected to hear from a variety of witnesses in the case and examine what happened during the original trials and the prison records of both Erik and Lyle.

Hochman said the delay helps “provide me with sufficient time to review the extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult with prosecutors, law enforcement, defense counsel and victim family members”.

He has not made a decision on whether to back the resentencing effort but said he would review “all the facts and the law to reach a fair and just decision, and then defend it in court”.

If the judge ultimately approves their resentencing, the case would move forward to a parole board.

The panel will read their psychological evaluations, review letters from investigating officers, and hear testimony from surviving family members.

If their bid for resentencing fails, they are pursuing other avenues that could lead to their release, including:

Clemency: the Menendez brothers’ defence attorney Mark Geragos filed a clemency request with Governor Gavin Newsom, opening a second potential path to freedom.

Clemency could mean a reduced sentence or even a pardon, but it would not overturn the brother’s convictions.

But the governor has said any decision he makes will be based on what newly-elected district attorney determines after reviewing the case in full.

Habeas Corpus: The Menendez brothers’ last path to freedom hinges on a habeas corpus petition filed last year, which seeks review of new evidence that was not presented at the trial.

It claims their convictions and prison sentences are unconstitutional in light of, what they allege, is newly uncovered evidence that the brothers were the victims of childhood sexual abuse by their father, Jose Menendez.

This includes an allegation of rape from a former member of Menudo, Roy Rosselló.

Another piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing alleged abuse.

Using the new evidence, the petition seeks to vacate their first-degree murder convictions in pursuit of a lesser charge such as manslaughter, which could result in an early release from prison.

Both brothers married while serving life sentences without the possibility of parole.

Lyle Menendez married twice. His first marriage, to former model Anna Eriksson in 1996, ended in divorce after she reportedly discovered he was corresponding with other women.

In 2003, he married Rebecca Sneed, a magazine editor, in a prison ceremony. Sneed has largely avoided the spotlight but has been described as a supportive and private partner.

Erik Menendez married Tammi Saccoman in 1999, following a pen-pal relationship that blossomed into a romance. Tammi, who had previously been married, has been outspoken about her commitment to Erik.

In 2005, she published a memoir titled They Said We’d Never Make It, detailing their relationship. Despite the challenges of marrying a man behind bars, Tammi has referred to their marriage as fulfilling, calling it a unique but strong partnership.