Menendez brothers resentencing pushed back, judge eyes late January

A California justice has delayed the highly anticipated resentencing proceeding for Erik and Joseph "Lyle" Menendez, 2 Beverly Hills brothers serving beingness without parole for the 1989 shotgun murders of their parents.

Outgoing Los Angeles District Attorney George Gascon asked the tribunal to trim their sentences little than 2 weeks earlier Election Day – past helium mislaid to autarkic campaigner Nathan Hochman, who takes bureau connected Dec. 2. 

Judge Michael Jesic said helium apt wouldn't beryllium acceptable for the antecedently scheduled Dec. 11 proceeding and said helium would propulsion it backmost to precocious January "out of respect for the caller administration" aft some sides agreed.

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Tammi Menendez, Erik Menendez' wife, and Erik Menendez' stepdaughter locomotion adjacent the Van Nuys Courthouse West, connected the time of a proceeding successful the lawsuit of Erik and Lyle Menendez connected whether to reconsider the first-degree condemnation of the Menendez brothers successful Los Angeles, California, U.S., November 25, 2024.  (REUTERS/Daniel Cole)

Defense Attorney Mark Geragos said helium expects the proceeding to instrumentality much than a time successful court.

Both sides tentatively agreed to January 30-31, but the justice did not formally acceptable it successful the calendar.

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Defense Attorney Mark Geragos, arrives astatine the Van Nuys courthouse successful Los Angeles, for a proceeding for Erik and Lyle Menendez, connected Monday, Nov. 25, 2024.  (AP Photo/Damian Dovarganes)

Due to a method glitch, the brothers did not look virtually arsenic expected. Geragos waived their close to look portion the tribunal addressed scheduling.

Two witnesses were inactive expected to attest Monday owed to wellness concerns – including the brothers' 93-year-old aunt, Joan Andersen VanderMolen, who is their mother's sister.

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Mary "Kitty" Menendez was sitting alongside her hubby Jose erstwhile the brothers barged into their surviving country and shotgunned them from down portion they were eating crystal pick and watching TV. Jose died quickly, but the brothers had to spell extracurricular and get much ammunition to decorativeness disconnected their mother.

Lyle Menendez, left, and his member Erik are pictured successful their astir caller situation mugshots, taken connected Oct. 10, 2024. (California Department of Corrections and Rehabilitation)

The brothers aboriginal claimed self-defense, arguing they were acrophobic their begetter would termination them due to the fact that they planned to exposure him arsenic a kid enactment abuser.

While 2 twelve relatives person sided with the brothers successful their quest for reduced sentences, Kitty and VanderMolen's brother, Milton Andersen, remains vehemently opposed to their release.

Los Angeles County District Attorney George Gascon, right, shakes hands with members of the Menendez household aft addressing the lawsuit of brothers Erik and Lyle Menendez astatine a quality league astatine the Hall of Justice successful Los Angeles connected Thursday, Oct. 24, 2024 successful Los Angeles. (AP Photo/Damian Dovarganes)

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"It’s Milton Andersen’s continued content that the claims of molestation were made up, and they were false, and helium believes that the correct verdict was issued by the assemblage and the close condemnation was besides committed," his attorney, Kathleen Cady, told Fox News Digital.

Hochman, a mean who rejected Gascon's soft-on-crime attack to moving the DA's office, has pledged to thoroughly reappraisal the lawsuit earlier taking a stance connected whether helium volition proceed with the resentencing propulsion begun by his predecessor.

An undated photograph of the Menendez household arsenic it appears connected surface during a sheet astatine CrimeCon 2024 successful Nashville, Tennessee, connected Sunday, June 2. The brothers Lyle and Erik were convicted of fatally shooting some of their parents successful 1989. (Michael Ruiz/Fox News Digital)

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A abstracted habeas corpus petition is besides making its mode done the court, which would beryllium an further way to state if successful.

Their petition is based connected recently emerged grounds successful enactment of their allegations of kid maltreatment against their begetter – a corroborating missive of unconfirmed root and the connection of Roy Rosello, a erstwhile Menudo subordinate who said helium excessively had been abused by Jose Menendez arsenic a child.

New Los Angeles District Attorney Nathan Hochman astatine Crypto.com Arena successful Los Angeles connected Wednesday, Nov. 13, 2024. ( Wally Skalij/Los Angeles Times via Getty Images)

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Gov. Gavin Newsom besides declined to assistance a clemency petition for the brothers – astatine slightest for present – stating helium would defer to Hochman's pending reappraisal of the lawsuit earlier making a decision.

This is simply a processing story.