New risk report halts Menendez brothers resentencing bid

LOS ANGELES (CN) — A hearing over whether or not Erik and Lyle Menendez should be released from prison or be given a chance at parole was abruptly put on hold on Thursday after a new report by the state parole board emerged, which could impact the judge’s decision.

In another twist, the Menendez brothers’ famous defense attorney, Mark Geragos, said he would file a motion to recuse District Attorney Nathan Hochman on the grounds that he was “seething” with “personal bias” against his clients.

“I’m asking them to be thrown off this case,” Geragos told the judge.

The brothers killed their parents in 1989 with shotguns and have been incarcerated ever since, serving life sentences without the possibility of parole. Though the brothers’ numerous appeals were all denied, there has been a certain level of popular support for their release building in recent years, thanks in part to documentary and narrative television series about them.

More than 20 of their family members have called for them to be released, pointing to years of sexual abuse inflicted on them by their father, José. The former district attorney, George Gascón, filed a motion to have the brothers be resentenced, opening a path to either their immediate release or a hearing before the parole board. But Hochman, the new DA, sought to withdraw that motion, arguing that the brothers have not shown the necessary “insight” into their crimes since they continue to insist that the murder was done in self-defense.

Last week, Superior Court Judge Michael Jesic denied the motion, setting up the resentencing hearing, scheduled for Thursday.

But on Wednesday night, the DA filed a motion to delay the hearing, citing a new report put together by the parole board at the direction of California Governor Gavin Newsom, to inform the governor about the brothers’ request for clemency. The “comprehensive risk assessment,” a psychological evaluation of the brothers that may offer a view as to whether or not they pose a danger to society, has not been made public. But in an email, the governor offered to show the report to Jesic, for use in the resentencing hearing.

“How do we not ask it when making the ultimate determination?” Deputy District Attorney Habib Balian argued on Thursday, asking the judge to delay either the hearing or his decision until after he’d seen the report. “We know, already, what they are capable of. Sometimes justice takes time.”

An increasingly agitated Geragos argued that the comprehensive risk assessment was never intended to be used in a “sentencing matter.” He then blasted the district attorney for seeking yet another delay, accusing him of bias, in part because he grew up in the same neighborhood as the brothers — Beverly Hills, which was particularly rattled by the gruesome killings. He then, once again, accused the prosecutors of putting on a “dog and pony show,” which drew a rise out of Balian.

“He keeps saying dog and pony show,” Balian complained. “He’s degrading me.”

“He should be degraded!” Geragos shouted.

Judge Jesic said there was no way he could go forward with a decision about the brothers’ new sentence without seeing the report. He offered to allow the hearing to go forward anyway, but this time, it was Geragos who objected. He said that prosecutors had been “tainted” by seeing the report before the defense and that Hochman was too biased against the brothers to be involved. He asked the judge for a two-week continuance, allowing him time to file a motion to have the district attorney’s office recused. If successful, that would mean that California Attorney General Rob Bonta would take over the case.

Following a lengthy break, the judge agreed to delay the resentencing hearing and hold another hearing on May 9 to hear arguments on both the recusal motion and whether or not to admit the risk assessment report.

When asked by reporters at a press conference after the hearing to explain his argument that Hochman was biased, Geragos pointed to the fact that Hochman had held numerous press conferences.

“The family does not want to go through this charade with the DA,” Geragos said, “This is a DA who made up his mind and did no hard work.”

Bryan Freedman, who often works with Geragos and is representing the Menendez’s extended family, added: “Mr. Hochman has made this a mockery. Does he have a personal grudge against Lyle and Eric?”

In a written statement, Hochman said the new risk assessments would “provide crucial insight into whether the inmates pose an unreasonable risk to public safety today.”

He also defended his own partiality in the case, saying: “Our office remains committed to ethical and impartial prosecution. We believe the facts will demonstrate that our conduct has been professional, appropriate, and in the interest of justice.”

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