The Menendez brothers’ bid for freedom through resentencing can continue with the hearing scheduled for Thursday, a judge has ruled.
Lyle, 57, and Erik, 54, received life sentences without the possibility of parole after being convicted of murdering their parents, Jose and Kitty Menendez, at their Beverly Hills home in 1989.
Lyle was 21 at the time, Erik was 18.
Last year, Los Angeles district attorney George Gascon asked a judge to change the brothers’ sentence from life without the possibility of parole to 50 years to life. That would make them immediately eligible for parole because they committed the crime when they were younger than 26.
But Mr Gascon’s successor Nathan Hochman submitted a motion last month to withdraw the resentencing request, saying the brothers must fully acknowledge lies they told about the murder of their parents before he would support their release from prison.
Separately, Governor Gavin Newsom, who has the power to commute their sentences, has asked the parole board to consider whether the brothers would represent a public safety risk if released.
Anamaria Baralt, cousin of Erik and Lyle Menendez, hugs attorney Mark Geragos. Pic: AP
In light of Mr Hochman’s opposition, Los Angeles County Superior Court judge Michael Jesic ruled on Friday that the court can move forward with the hearing.
“Everything you argued today is absolutely fair game for the resentencing hearing next Thursday,” he said.
From prison, the brothers watched through a video link and could be seen in court seated next to each other in blue prison uniforms.
Speaking after the hearing, the brothers’ lawyer said: “Today is a good day. Justice won over politics.”
Read more:
Menendez brothers ‘hopeful’ they will be freed – but could it actually happen?
Prosecutors accused the brothers of killing their parents for a multimillion-dollar inheritance, although their defence team argued they acted out of self-defence after years of sexual abuse by their father.
The brothers were convicted in 1996 of first-degree murder. Pic: AP
The brothers have maintained their parents abused them since they were first charged with the murders.
A Netflix drama series and subsequent documentary about the brothers thrust them back into the spotlight last year, and led to renewed calls for their release – including from some members of their family.
