Erik and Lyle Menendez do not seem like getting out of jail earlier than the vacations … as a result of their upcoming resentencing listening to has been delayed.
The Menendez Brothers joined a standing listening to Monday in Van Nuys from the San Diego space jail the place they’re serving a life sentence with out the potential for parole. They tried to affix by video, however encountered technical points and needed to hear in over the cellphone … however by no means spoke.
Nonetheless, it was their first time in court docket in many years.
Decide Michael V. Jesic thought-about a habeas corpus petition filed final yr by Erik and Lyle’s authorized group … the brothers are arguing two new items of proof not introduced throughout their trials help their declare that their father was sexually abusing them earlier than they killed him.
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Among the many proof … a letter Erik despatched to his cousin in 1988 — about 8 months earlier than the brothers killed their dad and mom with shotguns — that seems to corroborate the abuse claims … and a declaration from former Menudo member Roy Rossello, who claims Jose raped him.
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The Menendez brothers’ lawyer, Mark Geragos, known as a pair witnesses to testify … two aunts who mentioned the brothers ought to come dwelling ASAP.
The decide additionally heard the response from outgoing Los Angeles County District George Gascón, who desires to resentence the brothers and make them eligible for parole.
Throughout their trials, prosecutors argued Erik and Lyle had been motivated by greed once they killed their dad and mom … however the brothers claimed they had been performing in self-defense after years of sexual abuse at dwelling … an argument they declare this new proof backs up.
Erik and Lyle have been behind bars for over three many years however now they’ve a pair paths to freedom … resentencing resulting in parole, clemency or having their convictions modified to manslaughter and strolling free based mostly on time served.
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Erik and Lyle had their resentencing listening to set for subsequent month, nevertheless it was pushed from Dec. 11 to January 30-31 to offer incoming D.A. Nathan Hochman extra time to judge the case.
Lyle simply posted concerning the listening to on his social media, and it does not sound like he is too happy with the result.