Menendez Brothers Won't Be Home for Holidays as Judge Postpones Hearing, Citing '17 Boxes' of Evidence

Mar. 15, 2025

LyleandErik Menendezwill have to wait until the New Year to find out if they will be released from prison when a judge postponed a scheduled resentencing hearing to January.

Judge Michael Jesic said during the preliminary hearing on Monday, Nov. 25, at Van Nuys Courthouse West in Los Angeles he needed time to review “17 boxes” of evidence.

As a result, Jesic rescheduled the Dec. 11 hearing on potential resentencing to Jan. 30 and 31. The brothers, who are serving life sentences for the1989 murdersof their parents Jose and Kitty, did not appear virtually after it was believed they would.

The postponement came a day before the deadline for the Los Angeles County District Attorney’s Office to submit a response to Menendez brothers' habeas corpus petition, which cited evidence meant to support their longstanding claims that Jose had sexually abused them.

Erik, left, and Lyle Menendez.Ted Soqui/Getty

Trial of brothers Lyle and Erik Menendez 1994

Ted Soqui/Getty

A spokesperson for the brothers' attorney Mark Geragos tells PEOPLE it is unlikely a resolution for the habeas corpus petition would occur before the January dates.

The court did hear testimony from the brothers' aging family members, includingJoan VanderMolen, Kitty’s sister, who supports Lyle and Erik’s potential release.

Kitty Menendez’s sister, Joan VanderMolen.Apu Gomes/Getty

Joan VanderMolen, the sister of Kitty Menendez, is surrounded by members of the media as she arrives at the Van Nuys West Courthouse to attend a status hearing on the murder conviction of Lyle and Erik Menendez on November 25, 2024 in Van Nuys, California

Apu Gomes/Getty

Lyle and Erik were sentenced to life without parole after they were convicted of murder in 1996, following two trials, the first of which ended in a mistrial. The case has always attracted nationwide attention, which has been renewed following the recent releases of a Netflix documentary and scripted series.

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Mark Geragos.CAROLINE BREHMAN/EPA-EFE/Shutterstock

Criminal defense lawyer Mark Geragos arrives to the Van Nuys Courthouse West, before a status hearing on whether to reconsider the first-degree murder conviction of Lyle and Erik Menendez in Los Angeles, California, USA, 25 November 2024

CAROLINE BREHMAN/EPA-EFE/Shutterstock

Los Angeles County District Attorney George Gascón has previously announced that he would recommend the brothers be resentenced to 50 years to life, which would make them immediately eligible for parole.

Gascónalso said he supported their request for clemency from California Gov. Gavin Newsom. But the governor has said he would wait for the recommendation of district attorney-elect Nathan Hochman, who defeated Gascón in the November election, before making a decision on clemency.

source: people.com