Lyle and Erik Menendez‘s latest bid to get a reduced sentenced has been postponed to May 9.
At that time, a new hearing will consider the admissibility of the state parole board’s comprehensive risk assessments, ordered by California Gov. Gavin Newsom, according to the AP.
During Thursday’s proceedings, it emerged that neither Judge Michael Jesic nor the brothers’ attorneys had read the governor’s report that caused arguments in the courtroom.
“I need clarification from the governor’s office,” Jesic said, according to AP. “This is stupid.”
Prosecutors, who had seen the report, argued they should be able to use it, and filed to postpone the hearing so everyone could consider it.
“The People request the Court make all reasonable efforts to obtain the recently completed Comprehensive Risk Assessments from the Governor’s Office,” the prosecutors’ legal filing, sent to the court on Wednesday night, read. “If additional time is required to obtain these documents, the People ask the Court to continue the resentencing hearing.”
In February, Gov. Gavin Newsom ordered the parole board to complete a risk assessment review of the Menendez Brothers as one of their steps toward a reduced sentence and possible freedom. The board finished the review on Tuesday, which prompted prosecutors to request a delay in the resentencing hearing.
“Although the People were directed not to disclose these reports due to the Governor’s Executive privilege and for other reasons, the Governor’s Office has invited the Court to request these documents for use at the resentencing hearing,” their filing read. “There is no legitimate reason why the court should not possess the most current and up to date risk assessments before making any resentencing decisions in this case.”
Lyle and Erik Menendez have served 35 years for the 1989 murders of their parents, Jose and Kitty, at their Beverly Hills home in 1989. District Attorney George Gascón moved last October to reduce the brothers’ sentence from life without parole to 50 years to life. That reduction, if granted, would make them immediately eligible for parole.
