By USA Daily Now 
ERIK and LYLE MENENDEZ are employing a multifaceted legal strategy as they seek resentencing for the 1989 murders of their parents, JOSE and KITTY MENENDEZ, according to legal experts. The brothers appeared in Los Angeles Superior Court for their first resentencing hearing on Thursday, with the next hearing scheduled for May 9.
Los Angeles attorney TRE LOVELL told Fox News Digital that the defense is focusing on three key areas: the brothers’ rehabilitation, character witness testimony, and revisiting their claims of childhood sexual abuse. Lovell highlighted the brothers’ post-conviction efforts, including earning college degrees from UC Irvine, leading prison self-help classes, and initiating support programs like Green Space and a hospice care initiative. “They’ve changed since the crimes occurred,” Lovell said.
The resentencing criteria emphasize post-conviction conduct to assess whether the defendants have rehabilitated and pose no threat to the public. The defense is expected to present testimony from prison guards, supporters, and family members, including those who previously opposed their release. “The fact that family members now support their release is very powerful,” Lovell added.
The defense recently pushed back against the prosecution’s use of graphic crime scene photos during a hearing last week. New Jersey attorney DAVID GELMAN noted that the defense is arguing the photos violated Marsy’s Law, which protects victims’ rights. The brothers’ 85-year-old aunt, TERRY BARALT, was hospitalized after viewing the images. “We are devastated to share that Terry Baralt has been hospitalized and is in critical condition following the Los Angeles District Attorney’s Office’s cruel and careless conduct in court,” a family statement read.
Judge MICHAEL JESIC expressed sympathy, stating, “I wouldn’t want my family to see those images.” Gelman suggested that the defense’s strategy is to portray District Attorney NATHAN HOCHMAN’s office as overzealous, potentially swaying the judge in favor of resentencing.
A significant hurdle for the defense is the Comprehensive Risk Assessment (CRA) report, a psychological exam ordered by California Governor GAVIN NEWSOM’s office. The report is expected to be completed by June 13, 2025. “The judge has already said he won’t rule until he sees the CRA reports,” Gelman said. “If this is an even argument right now, the report will tip the scales one way or another.”
Former federal prosecutor NEAMA RAHMANI, president of West Coast Trial Lawyers, emphasized that the CRA report, while important, is not the deciding factor in resentencing. “The resentencing factors are ERIK and LYLE’s age at the time of the murders, being victims of sex abuse, conduct in prison, and rehabilitation,” Rahmani explained. By focusing on these factors, the defense is strategically guiding the judge toward a decision that could make parole a possibility.
On Thursday, Judge Jesic announced the next hearing for May 9. ERIK MENENDEZ appeared visibly annoyed, while LYLE remained emotionless. Their attorney, MARK GERAGOS, filed a recusal motion against Hochman, citing potential bias.
The Menendez brothers were convicted in 1996 for the murders of their parents in their Beverly Hills home. They have since claimed their father sexually abused them, offering a different narrative than the one presented during their trials. If resentenced, their release would be considered by the state parole board.
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Sources: Fox News Digital, Stepheny Price, Mike Ruiz.