Judge Denies DA’s Motion, Menendez Resentencing to Proceed
Los Angeles Superior Court Judge Michael Jesic ruled Friday that the resentencing hearing for Lyle and Erik Menendez will move forward as scheduled, rejecting District Attorney Nathan Hochman’s attempt to withdraw a motion filed by his predecessor seeking new sentences for the brothers.
The ruling, delivered from the bench after hours of testimony, clears the way for proceedings to begin on April 17 and 18, when the court will consider whether the Menendez brothers should continue to serve life sentences without the possibility of parole for the 1989 killings of their parents, José and Kitty Menendez.
Tensions in the courtroom flared when prosecutors displayed an unredacted crime scene photo during Friday’s hearing, showing the Menendez’s bullet-ridden bodies covered in blood. According to a statement issued Sunday by the Justice for Erik and Lyle Coalition, the image deeply distressed family members present — including the brothers’ 85-year-old aunt, Terry Baralt, who was later hospitalized and is reportedly in critical condition.
The family-led coalition, which supports the brothers’ release, condemned the Los Angeles County District Attorney’s Office’s “disturbing and reckless” move and called for the office to be formally removed from the case.
The statement also said, “In open court, and without any prior warning, prosecutors displayed an unredacted, graphic image of José Menendez’s lifeless body — an act that retraumatized family members in attendance and led to the hospitalization of José’s 85-year-old sister, Terry Baralt, who is now in critical condition.”
In a statement, the DA’s office issued an apology, stating, “We never intend to cause distress or pain to individuals who attend a court hearing. However, by design, these hearings are intended to be where the truth, no matter how painful, is brought to light.”
During the hearing, Assistant Head Deputy District Attorney Habib Balian argued against resentencing, insisting the brothers have yet to show remorse or acknowledge the brutality of their crime. To underscore that claim, he displayed a controversial image during his remarks to the court.
“Have they changed? Do they grasp the severity and depravity of what they did?” Balian asked. “That’s what the court must evaluate.”
District Attorney Hochman, who sat in the courtroom but did not address the bench, reaffirmed his position last month that the Menendez brothers should not be released. This reversed the direction taken under former DA George Gascón, whose office had filed the initial resentencing motion.
The District Attorney has said that he believes the family should concentrate on attempting to convince Governor Gavin Newsom to grant executive clemency rather than seeking resentencing through the local court. The California State Parole Board is conducting its own review of the Menendez case, evaluating the brothers’ conduct and rehabilitation over more than 30 years behind bars. The board’s findings will be submitted to the governor, who will make the final decision.
