Judge rules Menendez brothers can continue seeking retrial

A judge ruled Friday that the resentencing hearings for Erik and Lyle Menendez can proceed despite objections from the Los Angeles County prosecutor.

The brothers were sentenced to life in prison without the possibility of parole at ages 18 and 21 for the murder of their parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989.

Former Los Angeles District Attorney George Gascon asked a judge last year to change the sentences from life without parole to 50 years to life, which would have made them eligible for immediate parole because the crimes were committed when they were under 26.

However, Gascon's successor, Nathan Hochman, reversed course, filing a motion last month to quash the motion for resentencing.

Hochman's office said it could not support resentencing the brothers because they had not admitted to lying in court about why they killed their parents and had not “fully admitted and accepted full responsibility” for their crime.

Los Angeles County Superior Court Judge Michael Jasick said prosecutors will be able to make that argument at a resentencing hearing.

“Everything you said today is completely relevant to the resentencing hearing next Thursday,” he added.

The brothers attended the meeting via Zoom but made no public statements.

The defense argued they acted in self-defense after years of sexual abuse at the hands of their father, while prosecutors said the brothers killed their parents to secure a multi-million dollar inheritance.

Deputy District Attorney Habib Balian said Friday that an important aspect of Gascon's request for resentencing is that it fails to take rehabilitation into account and ignores key elements of the original crime.

“What does that mean? Learning from your mistakes and truly realizing that you were wrong,” Balian said.

He presented evidence and recordings of the brothers' testimony from the first trial to show instances where they “hid in their bunker of lies and deceit.”

Sourse: breakingnews.ie

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