Why Erik and Lyle Menendez Didn't Appear at Resentencing Hearing

Due to technical difficulties, Lyle and Erik Menendez were unable to virtually attend their court hearing on Monday, confirmed to Newsweek by veteran investigative journalist and author Robert Rand—who was present at the court—and has covered the case since 1989.

The brothers' attorney, Mark Geragos, waived their right to appear, saying after the hearing: "It was the first time that Lyle and Erik have been at least remotely in a courtroom in a number of years."

In 1996, the brothers were sentenced to life in prison for the deadly shooting of their parents, mother Kitty Menendez and father José Menendez, in their Beverly Hills home. The brothers have argued in court that they killed them in self-defense after enduring long-term sexual and physical abuse.

Media members gather at the Van Nuys courthouse for a hearing on Erik and Lyle Menendez in Los Angeles on November 25. Technical glitches prevented the brothers from virtually attending. Damian Dovarganes/AP Photo

Newsweek reached out to the Los Angeles County Superior Court regarding the technical glitch on Monday.

Were Erik and Lyle Menendez Resentenced?

A crucial status hearing took place at the Van Nuys Courthouse on Monday to determine whether the brothers' December 11 hearing would proceed or be postponed as incoming Los Angeles District Attorney Nathan Hochman reviews the case.

The Menendezes' lawyers—Geragos and Cliff Gardner—are asking Judge Michael Jesic to reduce their sentence.

Defense attorney Mark Geragos arrives at the Van Nuys courthouse in Los Angeles for a hearing on Erik and Lyle Menendez on November 25. Damian Dovarganes/AP Photo

The hearing was postponed to January 30, with January 31 reserved if additional time is needed. "By January 30 or 31st we're hoping that by the end of that, or sometime sooner, that we will, in fact, get the brothers' release," Geragos said in a news conference.

Who Spoke at the Status Hearing?

Kitty Menendez's sister, Joan VanderMolen and José Menendez's sister, Teresita "Terry" Baralt, testified alongside other family members who attended to show their support.

"Both made impassioned pleas with the judge to send the brothers home," Geragos said. "Terry testified under oath that she was very close to Jose and practically grew up with him and Joan as well, talked about Kitty and all of the good things that they've [Lyle and Erik] done since they've been in there."

Geragos said neither sister knew they would be speaking, but they chose to do so in order to speak from the heart. Baralt also spoke after the hearing: "I do want them home. They should never have been in such a situation."

Family members of Erik and Lyle Menendez and their attorneys attend a news conference after a hearing in Los Angeles on November 25. Jae C. Hong/AP Photo

Who Appeared at the Status Hearing?

Aside from Joan and Terry, several other family members attended in support of Erik and Lyle, including Joan's daughters, Karen VanderMolen-Copley and Diane Hernandez, and Terry's daughter Anamaria Baralt.

Sister of José Menendez, left, and Anamaria Baralt, right, descend the courthouse steps after the hearing in Los Angeles on November 25. Jae C. Hong/AP Photo

Erik Menendez's wife, Tammi, and stepdaughter, Talia, also appeared at the courthouse.

Tammi Menendez, center, wife of Erik Menendez, leaves the courthouse hearing in Los Angeles on November 25. Jae C. Hong/AP Photo

Lyle's wife, Rebecca Sneed, did not attend, addressing her decision on Lyle's Facebook page: "I will not be there. No need for a further media frenzy—more than what will already be happening."

When Will Erik and Lyle Menendez Be in Court Next?

On October 24, District Attorney George Gascón announced plans to recommend the Menendez brothers' life sentences without the possibility of parole be replaced with a 50-year-to-life sentence for murder. He said they would be eligible for parole immediately due to their age at the time of the killings.

But Gascón lost his reelection bid to former U.S. Assistant Attorney General Nathan Hochman, who will take office on December 3.

Nathan Hochman, left, speaks at a campaign event in Los Angeles on October 26, while George Gascón, right, is pictured during the Los Angeles County district attorney candidates forum on September 29. AP Photo

"Once I take office on December 3, I look forward to putting in the hard work to thoroughly review the facts and law of the Menendez case, including reviewing the confidential prison files, the transcripts of the two trials, and the voluminous exhibits as well as speaking with the prosecutors, defense attorneys and victim family members," Hochman said in a statement.

"This is the same type of rigorous analysis I have done throughout my 34 year career in criminal justice as a prosecutor and defense counsel, and the same type of thorough review that I will give to all cases regardless of media attention," Hochman continued.

After Hochman's review, if he doesn't change Gascón's recommendation, the key question will be whether Jesic approves the decision and the parole board agrees to release the brothers.

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