Menendez brothers' long-awaited resentencing hearing delayed after dramatic day in court
Erik and Lyle Menendez are looking to be released from prison after 35 years.
LOS ANGELES -- Erik and Lyle Menendez's long-awaited resentencing hearing has been delayed after a dramatic day in court.
The several-day resentencing hearing was expected to begin on Thursday, with 10 Menendez family members ready to take the stand.
A new hearing is now set for May 9 to determine whether the brothers' resentencing path should factor in the newly-completed parole board's risk assessment -- which was conducted as a part of a separate clemency path -- and whether Los Angeles County District Attorney Nathan Hochman and his team will be removed from the case.
WATCH: ABC News' Matt Gutman details what happened in courtroom
The shocking delay comes after a high-stakes hearing on Thursday during which the Menendez brothers' attorney, Mark Geragos, faced off against Hochman, who is trying to keep the brothers behind bars.
In a filing late Wednesday, prosecutors urged the court to obtain a copy of a recently completed risk assessment conducted on the brothers by the California Board of Parole Hearings at the request of Gov. Gavin Newsom. The filing by the district attorney's office urged the judge to delay the sentencing if the court couldn't get a copy of the report in time for the hearing.
At Thursday's hearing, the prosecution persistently argued the completed risk assessment is relevant.
Geragos called the prosecution's attempt a "dog and pony show." The prosecution shot back to the judge, saying Geragos' comments were degrading, after which Geragos said, "You should be degraded!"
Judge Michael Jesic said he needed more information about the governor's office's risk assessment report and how it can be used by the court, saying, "Because this is stupid."
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After a recess, Jesic asked the defense and prosecution for a conference in chambers. About 10 minutes later, Geragos strode back into the courtroom, directed his team to the door and walked out, with about 20 of the Menendez relatives and Erik Menendez's wife -- who all support the brothers -- following suit.
Geragos said the governor's office has allowed the judge to seek the risk assessment reports. Geragos noted a strong desire for them to be used only for the June 13 parole hearing, and stressed that the comprehensive risk assessment is not yet final.
The brothers -- who are serving life in prison without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez -- are fighting to be released after 35 years behind bars.
Last week, Lyle and Erik Menendez had a major win in court when the judge ruled in their favor at a hearing regarding Hochman's motion to withdraw the resentencing petition submitted by the previous DA, George Gascón, who supported resentencing and the brothers' release.
In the DA's three-hour argument last Friday, he argued the brothers -- who were listening to the hearing via video -- haven't taken responsibility for their actions and he called their claims of self-defense part of a litany of "lies." Hochman also dismissed the brothers' claim that they were sexually abused by their father.
Geragos fired back, calling Hochman a "'90s Neanderthal" for refusing to believe the brothers.
The judge on Friday denied Hochman's motion to withdraw and said the brothers' resentencing hearing would proceed as planned on April 17 and 18.
Geragos called the decision "probably the biggest day since they've been in custody."
"They've waited a long time to get some justice," he said.
Hochman said in a statement after the ruling, "We concluded that the case was not ripe for resentencing based on the Menendez brothers' continuing failure to exhibit full insight and accept complete responsibility for the entire gamut of their criminal actions and cover-up, including the fabrications of their self-defense defense and their lies concerning their father being a violent rapist, their mother being a poisoner, and their trying to obtain a handgun for self-defense the day before the murder."
This potential path to freedom gained momentum in October, when Hochman's predecessor, Gascón, announced he was in support of resentencing.
Gascón recommended their sentences of life without the possibility of parole be removed, and said they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.
Gascón's office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón -- who lost his reelection bid to Hochman in November -- praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
Besides resentencing, the brothers have two other possible paths to freedom.
One is their request for clemency to California Gov. Gavin Newsom.
Newsom announced in February that he was ordering the parole board to conduct a 90-day "comprehensive risk assessment" investigation into whether Lyle and Erik Menendez pose "an unreasonable risk to the public" if they're granted clemency and released.
After the risk assessment, which Hochman said in the late Wednesday filing is now complete, Newsom said the brothers will appear at independent parole board hearings on June 13.
The other path is the brothers' habeas corpus petition, which they filed in 2023 for a review of two new pieces of evidence not presented at trial: a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse from his father, and allegations from a former boy band member who revealed in 2023 that he was raped by Jose Menendez.
In February, Hochman announced he was asking the court to deny the habeas corpus petition, arguing the brothers' new evidence wasn't credible or admissible.
