Cousins of Menendez brothers say they would welcome them if judge frees them

Several cousins of Erik and Lyle Menendez have told the brothers’ resentencing hearing that they should be released after serving nearly 30 years in prison for the murder of their parents, and that they would welcome them into their homes.

The brothers did not show any apparent emotion during most of the evidence as they appeared by videolink, but appeared to chuckle when one of their cousins, Diane Hernandez, told the court that Erik Menendez received A+ grades in all his classes during his most recent semester in college.

A Los Angeles judge is presiding over the hearing that is expected to last two days. If he shortens their sentences, the brothers would still need approval from the state’s parole board to get out of prison. They could then potentially go free on time served.

They were sentenced in 1996 to life in prison without the possibility of parole for murdering their father Jose Menendez and mother Kitty Menendez in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time.

While defence lawyers argued that the brothers acted out of self-defence after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.

Due to wildfires in the LA area, and disputes between prosecutors and defence lawyers, the hearings were delayed for months.

The case has captured public attention for decades — and last year, the Netflix drama Monsters: The Lyle And Erik Menendez Story and documentary The Menendez Brothers brought new attention to the case. Supporters of the brothers have flown in from across the country to attend rallies and hearings in the past few months.

The judge started the hearing by reminding the packed courtroom that prosecutors must prove the brothers are at an “unreasonable risk” of committing serious and violent crimes if they are released.

The defence began by calling Ana Maria Baralt, a cousin of Erik and Lyle, who said the brothers have repeatedly expressed remorse for their actions.

“We all, on both sides of the family, believe that 35 years is enough,” she said. “They are universally forgiven by our family.”

Another cousin, Tamara Goodell, said she had recently taken her 13-year-old son to meet the brothers in prison, and they would contribute a lot of good to the world if released.

“Lyle is so excited to continue the Green Space project,” Ms Goodell said, referring to a prison beautification initiative he started a few years ago. “They are going to do amazing work.”

Finally, Ms Hernandez, who also gave evidence during Erik and Lyle’s first trial, spoke about the abuse she witnessed in the Menendez household when she lived with them.

“When Jose was with one of the boys … you couldn’t even go up the stairs to be on the same floor,” she said. She and several cousins called it the “hallway rule” that facilitated Jose Menendez’s sexual abuse of his son.

The resentencing hearing will centre on whether the brothers have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. That would make them eligible for parole under California’s youthful offender law because they committed the crime under the age of 26.

Their defence lawyer, Mark Geragos, said outside the court on Tuesday that he wants the judge to reduce thei charges to manslaughter and give them time served to allow them to be released immediately.

At least seven family members are expected to give evidence at the hearings.

Los Angeles County prosecutors say the brothers have not taken complete responsibility for the crime. Prosecutors are likely to reference preliminary findings from a forensic psychologist who looked at whether the brothers posed a risk to society if released, an assessment ordered by the state parole board.

The admissibility of the results in court have been a point of contention for the two sides as they have not been made public, but the judge said last Friday that some parts can be included.