Legal strategy of Menendez brothers attorney includes use of gruesome photos as part of effort to secure acquittal: legal analysts

Erik and Lyle Menendez are pursuing resentencing for the murder of their parents in California in 1989, leaning on a multipronged legal strategy. The defense is focusing on the brothers’ rehabilitation, character witness testimony, and revisiting the sexual abuse they claim to have endured as children. Throughout the years, the brothers have made efforts to change and rehabilitate, including obtaining a college degree, leading self-help classes, and starting support programs. Family members who once opposed their release now support it, which the defense views as a powerful argument in favor of resentencing.

The defense is pushing back against the prosecution’s use of graphic crime scene photos shown during a recent hearing, arguing that it violated Marsy’s Law, which protects victims’ rights. The defense claims that Terry Baralt, the brothers’ 85-year-old aunt, was traumatized by viewing the photos and was hospitalized as a result. By painting the District Attorney’s office as overzealous or vindictive, the defense aims to sway the judge in favor of the brothers’ bid for freedom or a reduced sentence. The Comprehensive Risk Assessment (CRA) report, ordered by Governor Gavin Newsom’s office, remains a significant hurdle for the defense to overcome.

The CRA report, set to be completed in 2025, will be a crucial factor in the judge’s decision. However, former federal prosecutor Neama Rahmani believes that the resentencing factors including the brothers’ age at the time of the murders, history of sexual abuse, conduct in prison, and rehabilitation will also play a role. The defense is strategically guiding the judge towards a decision that could potentially lead to parole for the Menendez brothers without immediate release. The defense’s audience is primarily the judge, and they are working to shape the narrative in favor of the brothers.

Following a recent hearing, the judge announced that they will reconvene on May 9, delaying the brothers’ bid for freedom. Their attorney filed a recusal motion against the District Attorney, Nathan Hochman. The Menendez brothers and their supporters have been advocating for a resentencing hearing, arguing that they were unfairly convicted to life in prison in 1996. Lyle and Erik Menendez have come forward claiming they were sexually abused by their father, offering a different narrative of the killings. The outcome of the resentencing will determine whether the state parole board will consider their release.

The Menendez brothers’ efforts to seek resentencing have been ongoing, with their attorney pushing for a new hearing based on changing circumstances and new evidence. The defense is making a strong case for the brothers’ rehabilitation and transformation since the time of the crimes. The defense’s strategy to deflect the risk assessment report to the parole board and focus on the key resentencing factors could potentially pave the way for parole for the Menendez brothers. The continued legal battle and efforts to present a compelling case for resentencing will ultimately determine the brothers’ fate.