Menendez brothers a step closer to freedom after judge reduces murder sentences

By Jaimie Ding Associated Press LOS ANGELES Erik and Lyle Menendez will have a new shot at freedom after years behind bars for murdering their parents a judge has ruled Los Angeles County Superior Court Judge Michael Jesic reduced the brothers sentences from life without parole to years to life They re now eligible for parole under California s youthful offender law because they committed the crime under the age of The state parole board must still decide whether to release them from prison I m not saying they should be distributed it s not for me to decide Jesic commented I do believe they ve done enough in the past years that they should get that chance The brothers did not show any apparent emotion during the greater part of the testimony as they appeared via livestream video but chuckled when one of their cousins Diane Hernandez communicated the court that Erik Menendez received A grades in all of his classes during his most of up-to-date semester in college A Los Angeles judge is presiding over the hearing before deciding whether they should be published after serving nearly years in prison for the double murder of their parents He revealed Tuesday that prosecutors must prove that if circulated the brothers still pose a jeopardy of committing a violent crime again If he shortens their sentences the brothers would still need approval from the state s parole board to get out of prison They could then potentially go free on time served They were sentenced in to life in prison without the possibility of parole for murdering their father Jose Menendez and mother Kitty Menendez in their Beverly Hills home in The brothers were and at the time of the killings While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father prosecutors disclosed the brothers killed their parents for a multimillion-dollar inheritance The occurrence has captured the inhabitants s attention for decades and last year the Netflix drama Monsters The Lyle and Erik Menendez Story and documentary The Menendez Brothers brought new attention to the situation Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past inadequate months Hearing begins with testimony from a family member The defense began by calling Ana Maria Baralt a cousin of Erik and Lyle who testified that the brothers have repeatedly expressed remorse for their actions We all on both sides of the family believe that years is enough Baralt revealed They are universally forgiven by our family Another cousin Tamara Goodell declared she had just now taken her -year-old son to meet the brothers in prison and that they would contribute a lot of good to the world if distributed Hernandez who also testified during Erik and Lyle s first trial spoke about the abuse she witnessed in the Menendez household when she lived with them and the so-called hallway rule When Jose was with one of the boys you couldn t even go up the stairs to be on the same floor Hernandez declared of the father Judge to rule on a lesser sentence Attorneys for the brothers must prove they have been rehabilitated in prison and deserve a lesser sentence of years to life That would make them eligible for parole under California s youthful offender law because they committed the crime under the age of Their defense attorney Mark Geragos noted outside the court Tuesday that he wants the judge to reduce their charges to manslaughter and give them time served to allow them to be without delay distributed At least seven family members are expected to testify at the hearings Los Angeles County prosecutors argued against the resentencing They say the brothers have not taken complete responsibility for the crime Geragos emphasized that the purpose of resentencing is to encourage rehabilitation That is the law Geragos noted not relitigate the facts of the crime as the D A wants to do Former district attorney and family assistance resentencing The previous LA County District Attorney George Gasc n had opened the door to practicable freedom for the brothers last fall by asking a judge to reduce their sentences His office revealed the scenario would ve been handled differently in the current era due to modern understandings of sexual abuse and trauma and the brothers rehabilitation over three decades in prison A resentencing petition laid out by Gasc n focuses on the brothers accomplishments and rehabilitation Since their conviction the brothers have gotten an guidance participated in self-help classes and started various encouragement groups for their fellow inmates A former judge who noted he considered himself tough on crime Jonathan Colby communicated the court that he was impressed with the programs the brothers started during their time in prison to provide aid and care for older and disabled inmates He got to know them over a series of prison visits There s not a multitude of prisoners I meet like Erik and Lyle that have such concern for the elderly he mentioned Former inmate Anerae Brown cried as he testified about how the brothers helped him heal and get on the path to rehabilitation leading to his release from prison He called the programs they started Menendez University I have children now he stated Without Lyle and Erik I might still be sitting in there doing stupid things The new LA prosecutor changed module The current district attorney Nathan Hochman commented Tuesday that he believes the brothers are not ready for resentencing because they have not come clean about their crimes His office also has noted it does not believe they were sexually abused Our position is not no it s not never it s not yet Hochman announced They have not fully accepted responsibility for all their criminal conduct In the last few days prosecutors cited the forensic psychologist s analysis that stated the brothers had of late broken prison rules by smuggling cellphones inside which Hochman argued demonstrated an inability to regulate their own behavior It came to the conclusion that they were moderately more likely than others to engage in violence in the locality Hochman declared Hochman s office attempted twice to withdraw the resentencing petition but both attempts were rejected by Los Angeles County Superior Court Judge Michael Jesic He could decide on the resentencing from the bench or issue a written ruling later