(KTLA) – The resentencing hearing for Eric and Lyle Menendez moved forward Thursday morning despite a motion for delay filed by Los Angeles County District Attorney Nathan Hochman.
Hochman filed the motion Wednesday, saying he wanted time for the court to review a parole assessment ordered by Gov. Gavin Newsom earlier this year.
“The People believe that it is very important that the Court request and obtain a copy of these comprehensive risk assessments prior to holding a resentencing hearing in this case … the People request that the court continue this matter until a date after the Court is able to obtain copies,” prosecutor Habib Balian said.
In February, Newsom directed the California Board of Parole Hearings to investigate whether the brothers pose a potential risk to public safety since he could set them free by granting clemency.
The governor’s office said the comprehensive risk assessment is not complete, however, and one component of it has been released to the involved parties for their review and is subject to correction. The entire assessment is not expected to be completed until June 13.
Although Thursday’s hearing moved forward, the time was apparently used to discuss the issues brought up by the DA’s Office, KTLA reporter Kimberly Cheng said, citing “a lot of confusion in the court.”
The court recessed during the morning hours to reach out to the governor’s office for clarification on the report and whether it could even be used in the hearing.
Less than a week ago, relatives of the brothers who supported their release packed the same courtroom to hear a judge approve the resentencing hearing for this week.
“Either Erik and Lyle should be resentenced and potentially released or, as the prosecution will surely argue tomorrow, these two still pose a danger to public safety,” KTLA legal analyst Alison Triessl said on Wednesday.
Erik and Lyle Menendez are currently serving life in prison without the possibility of parole for the shotgun murders of their parents, Kitty and Jose Menendez, back in 1989. They have been behind bars for 35 years, and claim they killed their parents in self-defense after years of abuse.