Parole now possible for Menendez brothers after judge reduces sentence for killing of parents

Erik L and Lyle Menendez California Dept of Corrections photo Erik and Lyle Menendez were re-sentenced Tuesday to years to life behind bars opening the door for them to be considered for parole The brothers imprisoned at the Richard J Donovan Correctional Facility in Otay Mesa have served roughly years of a life-without-parole sentence for the shotgun slayings of their parents in Beverly Hills The decision by Los Angeles Superior Court Judge Michael Jesic does not automatically mean the pair will be distributed They will have to appear before a parole board which will recommend whether they should be freed The panel s decision would then go before Gov Gavin Newsom who could reject their release Jesic noted that the new sentence means the brothers fate is now up to the parole board and the governor Both brothers spoke via video from prison apologizing for their actions and to their relatives They also both gave emotional testimony about their work to turn their lives around while incarcerated During the past years I have worked hard to find out what kind of person would kill their parents Erik Menendez disclosed For a long time I lost hope and became self-destructive Erik Menendez mentioned he believes he turned a corner when he dedicated himself to caring for the elderly and the terminally ill And he assured the judge that whether he remained in prison or was distributed I will not stop trying to make a difference Roughly two years after an effort began to have the Menendez brothers circulated their re-sentencing hearing got underway Tuesday Family members testified that if set free from life prison terms the brothers would pose no future peril and could be expected to inspire people with good deeds The brothers killed Jose and Mary Louise Kitty Menendez in their Beverly Hills home on for Aug They claimed the killings were committed after years of abuse including alleged sexual abuse by their father During the morning session Tuesday three Menendez family members were called to the stand by the defense to try and convince the judge that the brothers had shown remorse and had great insight into their crimes The first witness Erik and Lyle Menendez s cousin Anamaria Baralt was adamant that the brothers have earned their chance at freedom We believe that years is enough she recounted a courtroom crowded with family members supporters and media as the Menendez brothers watched via video from Otay Mesa They are universally forgiven by our family They deserve a second chance at life She added that the family has suffered from the relentless attention the episode has stirred up It s been torture for decades to live this out in the general eye Baralt explained weeping To be the butt of every joke on SNL Saturday Night Live since the trial happened The cousin spoke harshly about the narrative that they have not perfectly taken accountability for their crimes They feel terrible about it In a court petition attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers charges of long-term sexual abuse at the hands of their father They include a letter allegedly written by Erik Menendez to his cousin Andy Cano in early or late and newest claims by Roy Rossell a former member of the boy band Menudo that he too was sexually abused by Jose Menendez as a teenager Prosecutors allege the murders were carried out due to greed to acquire their parents money Meanwhile state parole boards are set to conduct separate hearings on June for the brothers then send their reports to Newsom to help him decide whether the two should receive clemency Jesic mentioned prior to the start of the hearing Tuesday that he had not determined if the Menendez brothers should be re-sentenced at all Another cousin Tamara Goodell testified that the brothers have made every manageable effort to rehabilitate themselves They now see the world through years of healing They have created careers for themselves in prison Another witness Diane Hernandez niece of Kitty Menendez called Erik and Lyle Menendez remarkable human beings There is absolutely no chance that they would break the law if issued Their only desire is to do good Interest in the Menendez occurrence surged following the release of a current Netflix documentary and dramatic series In October then-Los Angeles County District Attorney George Gasc n reported he was in favor of the brothers being re-sentenced to make them eligible for parole Since the brothers were under at the time of the murders they could be eligible for parole through the state s youthful offender law However when he was elected new District Attorney Nathan Hochman decided that he did not promotion re- sentencing He contends that the brothers have not shown insight into their crimes during their years of incarceration and continue to lie about the alleged abuse Last week attorneys for the brothers withdrew a motion asking that the D A s office be removed from the development saying they wished to expeditiously move forward with their bid to have the pair re-sentenced Attorneys for Erik Menendez and Lyle had alleged in the motion that absent recusal of the District Attorney s Office a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair rehabilitation through all related proceedings But in court Friday the brothers defense club dropped its bid to have the D A s office removed from the occurrence saying they did not want any more delays in the re-sentencing hearing