Menendez Brothers' Shot at Freedom Is Delayed Again

Erik and Lyle Menendez's bid for shorter sentences and a shot at freedom has again been delayed due to disputes among prosecutors and the brothers' lawyers, the AP reports. Los Angeles Superior Court Judge Michael Jesic on Thursday set a new hearing for May 9 to tackle two issues in the brothers' resentencing case: whether material from risk assessments completed by the state parole board at the governor's order can be used in court, and whether the Los Angeles County district attorney should be removed as prosecutor in the case. The resentencing hearings will be on pause until those issues are resolved next month.

The resentencing hearings, which were supposed to take place Thursday and Friday, center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence that could make them eligible for release.

• Gov. Gavin Newsom's office notified the district attorney's office and the court earlier this week that part of the risk assessment he recently ordered had been completed. Prosecutors filed a motion late Wednesday to delay the resentencing hearings so the court could obtain those reports and consider them in its decision. There was confusion in the courtroom Thursday over exactly what those reports contained and if they could be used.
• Neither the judge nor the brothers' attorneys had seen the parole board report that spurred heated arguments in the packed courtroom on Thursday. "I need clarification from the governor's office," Jesic said. "This is stupid."
• Prosecutors, who had seen the report intended for a separate June 13 parole board hearing, argued they should be able to use it. Deputy District Attorney Habib Balian said the report was relevant and necessary. "If there is a report out there assessing the risk of violence, how do we not use it?" Habib said.
• The governor's office confirmed that part of the risk assessment was shared with relevant parties for review 60 days before the June clemency hearing, per California law. They also notified the judge of the status of the report and offered to share it if requested, but said it was not a stand-alone risk assessment.

(More Menendez brothers stories.)