VAN NUYS, CALIFORNIA - APRIL 17: Evonna McIntosh holds a sign supporting the Menendez brothers in front of the Van Nuys West Courthouse during a resentencing hearing for Lyle and Erik Menendez as part of a process that could eventually lead to the brothers' release from prison, on April 17, 2025 in Van Nuys, California. The Menendez brothers have spent over 30 years in prison for the 1989 murders of their parents, José and Kitty Menendez, at their Beverly Hills mansion. (Photo by Apu Gomes/Getty Images)
Los Angeles, California – What was supposed to be a major turning point for Lyle and Erik Menendez turned into yet another courtroom delay, mired in legal wrangling, family trauma, and growing tension between attorneys.
On Thursday, a Los Angeles Superior Court judge postponed the brothers’ highly anticipated resentencing hearing, initially set to determine whether they could soon be freed from prison more than 35 years after they murdered their parents in their Beverly Hills home. The court instead scheduled a procedural hearing for May 9, to determine whether a key report — a risk assessment ordered by Gov. Gavin Newsom — can be considered in the resentencing process.
The last-minute delay was prompted by a motion filed late Wednesday by District Attorney Nathan Hochman, arguing the court should wait until the full report, prepared by the California parole board, was available for review. Judge Michael V. Jesic agreed, pausing the proceedings to clarify conflicting signals from the governor’s office, which has both asserted executive privilege and invited the judge to review the report.
“This is stupid,” Judge Jesic remarked in frustration, before stepping off the bench to seek clarity.
When he returned, he said the report would be made available to both sides — but it remains unclear whether the information will be admissible. Lawyers will argue the point on May 9.
The resentencing hearing comes as the Menendez brothers seek a new sentence that could potentially lead to their release. Convicted in the 1990s of first-degree murder and sentenced to life without parole, the brothers have long claimed they acted out of fear and endured years of sexual abuse by their father, Jose Menendez. Prosecutors dispute that narrative, calling it a lie designed to deflect from the brutal killings.
Thursday’s hearing also revealed increasing hostility between the legal teams. Mark Geragos, an attorney for the brothers, slammed the D.A.’s office, calling the delay “a moving circus.” The brothers’ legal team now plans to file a motion to recuse the district attorney’s office, citing Hochman’s alleged personal bias — he reportedly lived near the crime scene and attended the same school as the Menendez brothers at the time of the murders.
Tensions escalated further after prosecutors showed a graphic crime scene photo without warning at a previous hearing, which the family says traumatized them and hospitalized an elderly relative.
Despite the controversy, Hochman defended his office’s actions, stating, “Our answer to resentencing is not ‘No’ — it’s ‘Not yet.’”
