SELECT LANGUAGE BELOW

Legal experts discuss Menendez brothers’ planned defense in resentencing effort

Join Fox News to access this content

Plus, use your account to get special access to selected articles and other premium content – free.

By entering your email to continue, you agree to Fox News Terms of Use and Privacy Policy. This includes notifications of financial incentives.

Please enter a valid email address.

Eric and Lyle Menendez are leaning towards a multifaceted strategy as their siblings seek murder in California, legal experts said.

The brothers heard the first essay in Los Angeles on Thursday and will return to court on May 9th to try and leave prison for killing their parents Jose and Kitty Menendez in 1989.

Los Angeles lawyer Tre Lovell told Fox News Digital that defense focuses on three key strategies.

“They’ve changed since the crime happened,” Label said, citing years of postconviction efforts, including earning a university degree from UC Irvine, leading prison self-help classes and launching support programs such as Green Space and Hospice Care Initiatives.

Menendez Brothers’ aunt was hospitalized after DA shared a graphic photo in court: “There was no warning.”

Lyle and Eric Menendez are considered young men with mugshot overlaid. The brothers are now sentenced to life in prison in 1996 for the murder of their parents Jose and Mary Louise “Kitty” Menendez. (Ronald L. Soble/Los Angeles Times via Getty Images)

“The responsive standards focus primarily on post-conviction conduct to ensure that defendants are changed, rehabilitation changes and are not a threat to the public,” he said.

Upon supporting their demand, the defense is expected to present testimony from prison guards, supporters and family members, including those who once opposed their release.

“The fact that the family supports the release is very strong,” Label added.

Watch: Defendants in “Grisley” photo are displayed

New Jersey Attorney David Gelman overwhelmed the graphic crime scene photos shown at last week’s hearing with a recent pushback in defense against prosecutor’s use.

“Defense offers a good argument,” Germain told Fox News Digital. “They say the horrifying photos are in violation of Mercy’s law, which is supposed to protect the rights of victims.”

Sign up to get True Crime Newsletter

The defense claims that his brother, 85-year-old Terry Barratt, was hurt by seeing graphic photos of the crime scene. She was hospitalized after the hearing.

“We are destroying Terry Barratt’s hospitalized and sharing that he is in danger following the cruel and careless conduct he has been in court at the Los Angeles District Attorney’s Office,” a family statement read. “I’ve never let physical pain go away because of her nephew. But the exhibits set up by the DA’s office have overtaken her on the brink.”

If the Menendez brothers admit to a “lie,” Los Angeles may reconsider their motion to release them: Report

“I don’t want my family to see those images,” Judge Michael Jessick told court Thursday.

German said the defense audience was a judge, not a public perception. He said that by portraying district attorney Nathan Hochman’s office as “eager or vindictive” he could help shake up the decision in favor of a brother’s bid or tax cut.

California Menendez Brothers Incident

Lyle and Eric Menendez on the left are sitting with defense attorney Leslie Abramson at Beverly Hills City Court on November 26, 1990, during a hearing. (AP Photo/Nick UT)

The Comprehensive Risk Assessment (CRA) report, a psychological examination ordered by Gavin Newsom’s office, is the biggest hurdle to overcome, Gelman said.

Newsom’s Office told Fox News Digital that the risk assessment will be completed on June 13, 2025. They said they offered to inform their offices of the status of the CRA report to JESIC and share it with the court if requested.

California Government Newsom will set hearing review dates for the Menendez Brothers Parole Board.

“The judge has already said he won’t take control until he sees the CRA report,” Germain said. “If this is an even argument now, the report will scale in some way.”

Outside the Vanneis Court in Los Angeles

The Res Court of Lyle and Eric Menendez was held on April 17, 2025 at Vannuis Courthouse in Los Angeles. (Derek rocked for Fox News digital)

Nima Ramani, a former federal prosecutor and chairman of West Coast Trial Attorneys, said the CRA report is important but not a determinant of the judge’s deliberation.

Get real-time updates directly True Crime Hub

“The risk assessment report is something that the parole board should consider. It’s not a factor in responsiveness,” he explained. “The responsive factors are Eric and Lyle’s age at the time of murder, victims of sexual abuse, prison behavior, rehabilitation.”

By focusing on these factors and biasing the risk discussion towards the parole committee, Ramani said the defense is strategically leading judges to decisions that could allow parole without declaring today’s free men.

Follow X’s Fox True Crime Team

Menendez brothers in black and white photographs outside the Beverly Hills house

On the left is Eric Menendez and his younger brother Lyle in front of the Beverly Hills house. (Los Angeles Times via Getty Images)

What’s next?

On Thursday, Jessick announced he would meet again on May 9th. Eric Menendez was visibly annoyed, and his brother Lyle was heartless as his bid for freedom was pushed back.

The brother’s lawyer, Mark Jelagos, submitted a denial to Hochman following the decision. Recusal motion requires that individuals be away from the case as it prevents potential conflicts of interest or bias from working fairly.

Look at Fox Nation: Brothers Menendez: Are they victims or villains?

The Menendez brothers and their supporters are seeking a hearing, saying they were unfairly convicted of prison life for murdering their parents in 1996. Beverly Hills Home in 1989.

Both Lyle and Eric Menendez have been sexually abused by their father. Different stories of murder More than the stories their lawyers told in the 1990s.

Their first trial ended with cheating when the ju judges failed to agree with their fate. After the second trial in the mid-1990s Suspicion of sexual abuse Excluded, the ju judge agreed to the prosecutor that their motive was greedy.

Click here to get the Fox News app

If a judge decides to resent Menendez’s brother, it will be up to the state’s parole board to consider releasing it.

Stepheny Price and Mike Ruiz of Fox News Digital contributed to this report.

Facebook
Twitter
LinkedIn
Reddit
Telegram
WhatsApp

Related News