Menendez brothers: Judge rules resentencing hearing can move forward

A judge on Friday ruled to move forward with a re-sentencing hearing for Erik and Lyle Menendez, despite opposition from LA County District Attorney Nathan Hochman. 

The re-sentencing hearing is scheduled to begin next Thursday, April 17 in Van Nuys.

What we know:

Attorneys for the brothers are hoping to have them re-sentenced to a lesser term, either allowing them to be released or become eligible for parole.

New District Attorney Nathan Hochman opposed their release, and wanted to withdraw a motion that was filed under the administration of his predecessor, George Gascón, who supported the re-sentencing.

Menendez brothers in 1994 (Photo by Ted Soqui/Sygma via Getty Images)

Their attorney, Mark Geragos, called today a good day.

"Justice won over politics. It's been a long time coming for anybody who was in the courtroom. We are obviously very thankful to the judge and I couldn't be prouder of this family. They waited a long time to get some justice. Today was actually, probably the biggest day since they've been in custody," Geragos said outside the courthouse during a press conference.

The backstory:

In 1989, the brothers were found guilty of murdering their parents in Beverly Hills and were sentenced to life without the possibility of parole.

Within the last few years, there’s been a big movement, especially by their family, to get them re-sentenced, which would get them out of prison and on parole. 

Opposition from current DA

Former Los Angeles County District Attorney George Gascón supported the re-sentencing. However, the new DA, Nathan Hochman, does not support it. 

During a daylong hearing Friday, a prosecutor argued that the siblings should not be set free until they show "insight" into their crimes.

Saying the Menendez brothers have not shown they understand the "severity and depravity" of their actions, Assistant Head Deputy Habib Balian argued the brothers should remain behind bars. To emphasize his point about the brutality of the crime, he displayed a crime scene photo of one of the parents covered in blood and dead on a couch on a screen inside the packed Van Nuys courtroom.

"Are they the same people they were when they committed this brutal crime?" Balian asked. "Have they changed?"

Hochman -- who attended much of the Friday court session but did not speak -- announced last month that his office will oppose the release of the brothers, saying then, "Our position is that they shouldn't get out of jail."

LA DA: ‘16 lies remain unacknowledged'

What they're saying:

Hochman says the brothers really haven’t shown remorse and that they continue to lie about what happened back in 1989.

"In looking at then whether or not the Menendez's have exhibited the full insight and complete responsibility for their crimes, they have not. Because when we outline this in 20 different lies that they have told, they've actually admitted to four of them, but 16 lies remain unacknowledged," Hochman previously stated.

In separate hearings, the California State Parole Board is also analyzing the case, and the three decades the brothers have spent in prison. They will make their recommendations to the governor so he can decide whether or not to grant the brothers clemency.