Menendez brothers resentencing postponed as freedom hangs in balance

Los Angeles, California - Family of Lyle and Erik Menendez told a judge Monday they want the men freed from the life sentences they are serving for the shotgun murders of their parents, as their court case suffered a delay.

Family of Lyle and Erik (r.) Menendez told a judge Monday they want the men freed from the life sentences they are serving for the shotgun murders of their parents.
Family of Lyle and Erik (r.) Menendez told a judge Monday they want the men freed from the life sentences they are serving for the shotgun murders of their parents.  © Collage: Apu Gomes / GETTY IMAGES NORTH AMERICA / Getty Images via AFP & MIKE NELSON / AFP

The pair have been in prison since a blockbuster trial in the 1990s that became almost compulsory viewing for millions of Americans.

Television audiences were riveted by the gruesome details of the slayings of Jose and Kitty Menendez at the family's luxury Beverly Hills mansion.

The two men, who have spent more than three decades behind bars, had been due to appear by video link at a hearing in Los Angeles, their first court appearance in 28 years, as a campaign to set them free gathers pace.

Democratic staffer arrested for bringing ammunition to the Capitol
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But technical difficulties scuppered the appearance, and the hearing was pushed back to the end of January.

Nevertheless, Judge Michael Jesic called the two men's elderly aunts to the stand to hear them plead for the brothers to be freed.

"I would like to be able to hug them and see them," Jose Menendez's older sister, Terry Baralt (85), said. "I would like them to come home."

Kitty's sister, Joan Vander Molen, echoed that.

"No child should go through what Erik and Lyle went through," she said. "They never knew if tonight will be the night when they would be raped."

Family of Erik and Lyle Menendez call for their release

Joan Vander Molen (c.), the sister of Kitty Menendez, called for the Menendez brothers to be released from prison.
Joan Vander Molen (c.), the sister of Kitty Menendez, called for the Menendez brothers to be released from prison.  © APU GOMES / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

Prosecutors painted the crime as a cold-hearted bid by the then-young men – Lyle was 21 and Erik was 18 –to get their hands on their parents' $14 million fortune.

But their attorneys described the 1989 killings as an act of desperate self-defense by young men subjected to years of sexual abuse and psychological violence at the hands of an abusive father and a complicit mother.

The case saw a huge surge of renewed interest this year with the release of the Netflix hit Monsters: The Lyle and Erik Menendez Story.

The hearing comes after a campaign to secure their release, supported by Kim Kardashian and other celebrities.

"Set them free before the Holidays!" wrote Tammi Menendez, Erik's wife, on social media last week.

Public interest was such that the court held a lottery for the 16 seats in the public gallery.

The hearing was intended as a starting point for lawyers working on three routes to free Erik Menendez (53) and Lyle Menendez (56).

When could the Menendez brothers be released from prison?

The Menendez brothers have been in prison since a blockbuster trial in the 1990s that became almost compulsory viewing for millions of Americans.
The Menendez brothers have been in prison since a blockbuster trial in the 1990s that became almost compulsory viewing for millions of Americans.  © Robyn Beck / AFP

Attorney Mark Geragos has filed a writ of habeas corpus, an attempt to effectively vacate the brothers' first-degree murder conviction, which could free the brothers immediately.

Another route is an effort to get the men re-sentenced on the same conviction, which would open the way for them to request parole.

Finally, Geragos has submitted a clemency request to California Governor Gavin Newsom.

Journalist Robert Rand, who wrote a book about the case, and who is in regular touch with the brothers, said the family was optimistic.

But, he said, no one was expecting any quick fixes.

"They're hopeful," he said. "They don't know what's going to happen.

"I believe this could take much longer than was originally anticipated. It could be six months, could be eight months, could be a year, but eventually they will get out."

Cover photo: Collage: Apu Gomes / GETTY IMAGES NORTH AMERICA / Getty Images via AFP & MIKE NELSON / AFP

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