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Why the Menendez brothers might remain in prison— even if court agrees to resentence them for killing their father
Lyle and Erik Menendez could stay in prison — even if the court rules to resentence them for the 1989 slaying of their wealthy father, prosecutors said Tuesday.
Los Angeles District Attorney Nathan Hochman said even if the famous killers get a reduced sentence for killing Jose, they could keep the life-without-parole sentence for the execution-style killer of their mother Kitty Menendez, whom they killed alongside their father Jose in their Beverly Hills mansion.
Hochman’s comments came ahead of a resentencing hearing Tuesday in which a judge is evaluating whether the brothers have reformed themselves — and also whether new evidence that Jose sexually abused the boys should be counted as a mitigating factor.
“The Menendez brothers engaged in a deliberate premeditated killing of their parents based on buying shotguns two days before the killings, going ahead and having a preplanned alibi for the night that they were going to kill their parents, killing their parents in a methodical way to make it look like a mafia hit by shooting their father through the back of his head,” Hochman said.
He added that previous claims from the brothers, including allegedly pushing one of their girlfriends to fib about Kitty and Jose’s malice, were all lies to “cover up the scene that they have told for the past 30 years.”
Hochman also doubts that the Menendez brothers have gone through any significant reform while in prison.
“[They’re] not fully rehabilitated and do constitute the risk for violence as well,” the prosecutor added.
In the courtroom, lawyers cross-examined several members of the brothers’ family, including Kitty Menendez’s sister Anamaria Baralt.
Baralt told the court that the pair have been “universally forgiven by everybody in our family,” insisting that the brothers are fully rehabilitated.
“I would welcome them into my home with my family,” she said.
Baralt added that should the brothers be granted parole, they plan to work as advocates for victims of sexual abuse.
Deputy District Attorney Habib Balian grilled Baralt on her confidence in the cousins’ rehabilitation.
Baralt admitted that before the murders, she would have said there was “zero chance” Lyle and Erik could kill anyone – prompting Balian to question her judgement that now the brothers are fully rehabilitated.
The prosecutor also asked questions about Lyle and Erik’s previous attempts to convince witnesses to give false testimony in their original trial, implying that they may have used smuggled cell phones to coach family members ahead of the current hearing.
Balian put similar questions to two of the brothers’ cousins.
One, Diane Hernandez, recalled observing a disturbing home life whenever she would visit the Menendezes’ house.
Hernandez described José Menendez as an “intimidating” man who would shut himself in a room with the two boys for long periods, with Kitty acting as “enforcer” – blocking anyone from coming near.
Her testimony supported Lyle and Erik’s claim that their parents had conspired to cover up José’s ongoing sexual abuse against his sons, which ultimately pushed the two to kill the couple.
Lyle and Erik were found guilty of first-degree murder after two high-profile trials in the 90s.
The brothers were only 21 and 18 when they purchased shotguns and killed their parents in their own living room in 1989.
A Netflix documentary about the case brought them back into the spotlight last year, and former District Attorney George Gascón filed a formal motion to resentence them.
If the judge denies Lyle and Erik resentencing — or if the hearing is once again put off — the pair could still win their freedom in the form of clemency from Newsom, whose state parole board is conducting its own, independent review of whether or not they have been rehabilitated.
