DA asks for delay hours before Menendez brothers return to court for resentencing hearing

LOS ANGELES -- Hours earlier a long-awaited, captious proceeding successful Erik and Lyle Menendez's attempts to get retired of prison, the Los Angeles County District Attorney's Office indicated it wants to enactment Thursday's proceeding connected hold.

Lyle and Erik Menendez are acceptable to instrumentality to tribunal connected Thursday for a high-stakes resentencing proceeding that could bring them 1 measurement person to imaginable freedom, contempt objections from Los Angeles County District Attorney Nathan Hochman.

Now, successful a filing precocious Wednesday, prosecutors person urged the tribunal to get a transcript of a precocious completed risk appraisal conducted connected the brothers by the California Board of Parole Hearings astatine the petition of Gov. Gavin Newsom. The filing by the territory attorney's bureau urges the justice to hold the sentencing if the tribunal cannot get a transcript of the study successful clip for the hearing.

"On April 15, 2025, the People were made alert that the Parole Board has completed its Comprehensive Risk Assessment Reports for Lyle and Erik Menendez," the filing states, aboriginal adding, "There is nary morganatic crushed wherefore the Court should not present person the astir existent and up to day hazard assessments earlier making immoderate resentencing decisions successful this case. The People judge that the Court should person each disposable accusation earlier making immoderate sentencing decisions successful this case."

"To the grade the Court needs further clip to get these documents from the Governor's office, the People petition a continuance arsenic necessary," the filing adds.

The brothers -- who are serving beingness successful situation without the anticipation of parole for the 1989 murders of their parents, Jose and Kitty Menendez -- are warring to beryllium released aft 35 years down bars.

If the tribunal decides to determination guardant with Thursday's resentencing hearing, a justice volition determine whether they merit freedom. Ten household members are acceptable to instrumentality the basal astatine the hearing, ABC News has learned, portion a situation adept and erstwhile inmate whitethorn besides testify.

On Friday, Lyle and Erik Menendez had a major triumph successful tribunal erstwhile the justice ruled successful their favour astatine a proceeding regarding DA Nathan Hochman's question to retreat the resentencing petition submitted by the erstwhile DA, George Gascón, who supported resentencing and the brothers' release.

In the DA's three-hour statement Friday, helium argued the brothers -- who were listening to the proceeding via video -- haven't taken work for their actions and helium called their claims of self-defense portion of a litany of "lies." Hochman besides dismissed the brothers' assertion that they were sexually abused by their father.

Menendez lawyer Mark Geragos fired back, calling Hochman a "'90s Neanderthal" for refusing to judge the brothers.

The justice connected Friday denied Hochman's question to retreat and said the brothers' resentencing proceeding volition proceed arsenic planned this Thursday and Friday.

Geragos called the determination "probably the biggest time since they've been successful custody."

"They've waited a agelong clip to get immoderate justice," helium said.

Hochman said successful a connection aft the ruling, "We concluded that the lawsuit was not ripe for resentencing based connected the Menendez brothers' continuing nonaccomplishment to grounds afloat penetration and judge implicit work for the full gamut of their transgression actions and cover-up, including the fabrications of their self-defense defence and their lies concerning their begetter being a convulsive rapist, their parent being a poisoner, and their trying to get a handgun for self-defense the time earlier the murder."

"Until the Menendez brothers yet travel cleanable with each their lies of self-defense and suborning and attempting to suborn perjury, they are not rehabilitated and airs an unreasonable hazard of information to nationalist safety," helium said.

This imaginable way to state gained momentum successful October, erstwhile Hochman's predecessor, Gascón, announced helium was successful enactment of resentencing.

Gascón recommended their sentences of beingness without the anticipation of parole beryllium removed, and said they should alternatively beryllium sentenced for murder, which would beryllium a condemnation of 50 years to life. Because some brothers were nether 26 astatine the clip of the crimes, they would beryllium eligible for parole instantly with the caller sentence.

Gascón's bureau said its resentencing recommendations instrumentality into relationship galore factors, including rehabilitation successful situation and maltreatment oregon trauma that contributed to the crime. Gascón -- who mislaid his reelection bid to Hochman successful November -- praised the enactment Lyle and Erik Menendez did down bars to rehabilitate themselves and assistance different inmates.

Over 20 Menendez relatives are successful enactment of the brothers' release. Several of those relatives spoke with ABC News past week, including relative Diane VanderMolen, who said Erik Menendez asked her to relay a message.

"They are truly, profoundly atrocious for what they did. And they are profoundly remorseful," VanderMolen said. "They are filled with remorse implicit what they did. And done that, they person go beauteous singular people."

Besides resentencing, the brothers person 2 different imaginable paths to freedom.

One is their petition for clemency to California Gov. Gavin Newsom.

Newsom announced successful February that helium was ordering the parole committee to behaviour a 90-day "comprehensive hazard assessment" probe into whether Lyle and Erik Menendez airs "an unreasonable hazard to the public" if they're granted clemency and released.

After the hazard assessment, which Hochman said successful the filing is present complete, Newsom said the brothers volition look astatine autarkic parole committee hearings successful June.

The different way is the brothers' habeas corpus petition, which they filed successful 2023 for a reappraisal of 2 caller pieces of grounds not presented astatine trial: a missive Erik Menendez wrote to his relative 8 months earlier the murders detailing his alleged maltreatment from his father, and allegations from a erstwhile lad set subordinate who revealed successful 2023 that helium was raped by Jose Menendez.

In February, Hochman announced helium was asking the tribunal to contradict the habeas corpus petition, arguing the brothers' caller grounds wasn't credible oregon admissible.