LOS ANGELES — (AP) — On the first day of Erik and Lyle Menendez 's resentencing hearing Tuesday, their cousins, a former judge and a former fellow inmate took to the witness stand to testify that the brothers were not only rehabilitated but helped others.
The brothers did not show any apparent emotion during most of the testimony as they appeared via livestream video, but chuckled when one of their cousins, Diane Hernandez, told the court that Erik Menendez received A+ grades in all of his classes during his most recent semester in college.
A Los Angeles judge is presiding over the hearing before deciding whether they should be released after serving nearly 30 years in prison for the double murder of their parents. He said Tuesday that prosecutors must prove that if released, the brothers still pose a risk 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 1996 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 1989. The brothers were 18 and 21 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 said the brothers killed their parents for a multimillion-dollar inheritance.
The case has captured the public'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 case. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months.
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 35 years is enough,” Baralt said. “They are universally forgiven by our family.”
Another cousin, Tamara Goodell, said she had recently taken her 13-year-old son to meet the brothers in prison, and that they would contribute a lot of good to the world if released.
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 said of the father.
Attorneys for the brothers must prove they have been rehabilitated in prison and deserve a lesser sentence of 50 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 26.
Their defense attorney, Mark Geragos, said 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 immediately released.
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 said, “not relitigate the facts of the crime as the D.A. wants to do.”
The previous LA County District Attorney George Gascón had opened the door to possible freedom for the brothers last fall by asking a judge to reduce their sentences. His office said the case would've been handled differently today due to modern understandings of sexual abuse and trauma, and the brothers' rehabilitation over three decades in prison.
A resentencing petition laid out by Gascón focuses on the brothers' accomplishments and rehabilitation. Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates.
A former judge who said he considered himself tough on crime, Jonathan Colby, told 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 many prisoners I meet like Erik and Lyle that have such concern for the elderly,” he said.
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 said. “Without Lyle and Erik I might still be sitting in there doing stupid things.”
The current district attorney Nathan Hochman said Tuesday that he believes the brothers are not ready for resentencing because “they have not come clean” about their crimes. His office also has said it does not believe they were sexually abused.
“Our position is not ‘no,’ it’s not ‘never,’ it’s ‘not yet,’” Hochman said. “They have not fully accepted responsibility for all their criminal conduct.”
Recently, prosecutors cited the forensic psychologist's analysis that said the brothers had recently 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 community, Hochman said.
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.
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