April 17 (UPI) — A Thursday resentencing hearing is scheduled in Los Angeles on whether the Menendez brothers will be freed from prison, but a Wednesday prosecutors’ motion could delay it.
Erik and Lyle Menendez were convicted in 1996 of the shotgun slayings of their parents in 1989. They claimed they were abused and feared their parents would kill them but a jury in the first trial failed to reach a decision.
On retrial in 1996 that evidence was excluded.
The Wednesday motion raised the issue of reviewing risk assessments from prison and parole officials before the hearing on possible release.
“The people believe that it is very important that the Court request and obtain a copy of these comprehensive risk assessments prior to holding a resentencing hearing in this case,” lead prosecutor Habib Balian wrote.
The judge will hear the motion to delay before the resentencing hearing starts Thursday morning.
The resentencing hearing could make parole possible by revising their life without parole sentences.
Judge Michael Jesic Friday denied a motion by Los Angeles County District Attorney Nathan Hochman to withdraw a motion from his predecessor supporting the resentencing hearing.
Former district attorney George Mascon recommended last year that the Menendez brothers be resentenced to 50 years to life. That would make them immediately eligible for parole.
Defense attorney Mark Geragos said at the Friday hearing “Justice won over politics.”
California Gov. Gavin Newsom has set a June parole board hearing on an application of clemency in the Menendez brothers case.
The risk assessments referenced in the prosecution motion to delay the resentencing hearing were done for that parole board hearing.
The 85-year-old aunt of Erik and Lyle Menendez was hospitalized, according to the family on Monday. Terry Baralt was supporting her nephews at a hearing and was later found unresponsive.
She was hospitalized in critical condition and relatives blamed it on graphic photos of the murders presented in court by the prosecution.
