Judge rules Menendez brothers’ bid for freedom through resentencing can continue

LOS ANGELES (AP) — Erik and Lyle Menendez’s resentencing hearings can continue despite opposition from the Los Angeles County district attorney, a judge ruled Friday.

Former Los Angeles District Attorney George Gascón asked a judge last year to change the brothers’ sentence from life without the possibility of parole to 50 years to life. That would made them immediately eligible for parole because they committed the crime when they were younger than 26.

But Gascón’s successor reversed course. Nathan Hochman submitted a motion last month to withdraw the resentencing request.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

LOS ANGELES (AP) — A judge was set to decide Friday whether to proceed with resentencing hearings for Erik and Lyle Menendez, who were convicted of murdering their parents, in light of Los Angeles' new district attorney opposing their release after 30 years behind bars.

The brothers appeared in court over Zoom but hadn't made any public statements through the first two hours of Friday's proceeding.

They were sentenced to life in prison without the possibility of parole at ages 18 and 21 after being convicted of murdering their parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989.

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

Los Angeles County's previous progressive district attorney, George Gascón, sought resentencing for the brothers before he lost reelection to tough-on-crime candidate Nathan Hochman in November. Gascón had asked a judge to change the brothers' sentence to 50 years to life, which would make them immediately eligible for release under California law because they committed the crime when they were younger than 26.

But last month, Hochman submitted a motion to withdraw that request, saying he did not support the brothers' resentencing because they did not “fully recognize, acknowledge, and accept complete responsibility” for their crime.

The hearing Friday was to decide whether to allow prosecutors to withdraw their resentencing motion. If that request is granted, the judge also will decide whether to proceed independently with the brothers' resentencing hearings, which are tentatively scheduled for April 17 and 18.

Deputy district attorney Habib Balian said Friday that the key issue with Gascón’s resentencing petition was that it did not fully address rehabilitation and missed key elements of the original crime committed.

“What does it mean? To learn from your mistakes and truly understand that you were wrong,” Balian said.

Balian presented evidence and video clips of the brothers' testimony from the first trial to demonstrate instances where they “hunkered down in their bunker of deceit, lies, and deception.”

He said the brothers killed their parents out of greed when they learned they would be taken out of the will, citing psychiatrist's notes that he said showed “this was not self-defense.”

The brothers’ attorney, Mark Geragos, called the presentation a “dog and pony show” and said it was “nothing more than political cover” as a result of Hochman defeating Gascón in the district attorney’s race.

“They have authorized the denial of sexual abuse,” Geragos said of the prosecution’s presentation.

Geragos argued the judge had full authority to proceed with resentencing under a California law passed in 2023 that allows a court to recall a sentence and initiate resentencing at any point in time.

Geragos also objected to Balian including a photo of the deceased and bloody Menendez parents in his presentation, which he said “retraumatized” family members and victims. The brothers' cousin Anamaria Baralt and aunt Terry Baralt were among the family members who were in the courtroom.

The family's relationship with Hochman has soured. Most of the brothers' extended family supports their resentencing.

Tamara Goodall, a cousin of the brothers, submitted a complaint with the state asking that Hochman be removed from the case, citing his bias against the brothers and alleging he violated a law meant to protect victims' rights.

Hochman had a “hostile, dismissive and patronizing tone” in meetings with the family and created an “intimidating and bullying atmosphere," Goodall wrote.

In their response to the district attorney's motion to withdraw the resentencing request, attorneys for the Menendez brothers questioned whether Hochman had legitimate reasons for doing so or was influenced by “a change of political winds.”

The attorneys pointed out that Hochman demoted Nancy Theberge and Brock Lunsford, the two deputy district attorneys who filed the original resentencing motion. Theberge and Lunsford have since filed lawsuits against Hochman alleging harassment, discrimination and retaliation for their work on the Menendez brothers case.

“The law requires fairness, not personal vendettas," Anamaria Baralt, a cousin of the brothers, said in a statement.

Without resentencing, the brothers would still have two other pathways to freedom. They have submitted a clemency plea to California Gov. Gavin Newsom, who has ordered the state parole board to investigate whether the brothers would pose a risk to the public if they are released. The parole board is scheduled to hold its final hearings June 13.

The brothers also submitted a petition for habeas corpus in May 2023 asking the court to grant them a new trial in light of new evidence presented. Hochman's office also filed a motion opposing the petition.

Attorney Mark Geragos exits for a lunch break during a hearing regarding the case of Erik and Lyle Menendez Friday, April 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

People form a line outside the Van Nuys West Courthouse before a hearing regarding the case of Erik and Lyle Menendez Friday, April 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

Media stage outside the Van Nuys West Courthouse before a hearing regarding the case of Erik and Lyle Menendez Friday, April 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

Attorney Mark Geragos arrives for a hearing regarding the case of Erik and Lyle Menendez Friday, April 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

Attorney Mark Geragos arrives for a hearing regarding the case of Erik and Lyle Menendez Friday, April 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

FILE - This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Department of Corrections via AP, File)

DENVER (AP) — A soldier present at an after-hours nightclub where more than 100 immigrants suspected of being in the U.S. illegally were taken into custody last weekend has been charged with distributing cocaine, court records show.

Staff Sgt. Juan Gabriel Orona-Rodriguez, who is assigned to Fort Carson, an Army post near the illegal club in Colorado Springs, was arrested Wednesday evening, the FBI said in a statement.

Orona-Rodriquez has been charged with conspiracy to distribute cocaine and distribution and possession with intent to distribute cocaine, according to an arrest affidavit. It said he allegedly sold cocaine to an undercover agent of the Drug Enforcement Administration days before the raid.

It wasn't immediately known if Orona-Rodriguez — a member of the 1st Stryker Brigade Combat Team in the 4th Infantry Division — had a lawyer ahead of an expected court appearance Thursday.

The FBI said the arrest followed an investigation by the DEA, the Department of the Army Criminal Investigation Division and officials at Fort Carson.

More than 300 law enforcement officers and officials from multiple agencies participated in Sunday’s operation at the nightclub, which had been under investigation for months for alleged activities including drug trafficking, prostitution and “crimes of violence,” said Jonathan Pullen, special agent in charge of the DEA’s Rocky Mountain Division.

Cocaine was among the drugs found, Pullen said at a news conference.

Orona-Rodriquez was one of about 17 active-duty U.S. Army service members who were at the club, known as Warike, when it was raided early Sunday, the affidavit said.

He appears to have held a leadership role in a business that provides armed security at nightclubs, including at Warike, according to the document. However, it did not say whether he was working security there at the time of the raid. It notes that he had been warned by his commanding officer this spring that he could not work for the security company.

Rodriguez received more than a dozen Army awards during his almost nine years in service, including an Army Commendation Medal with combat device, which is earned during a deployment where the soldier was “performing meritoriously under the most arduous combat conditions,” according to Army descriptions of the award.

Of the 17 soldiers who were at the venue at the time of the raid, 16 were patrons and one was working there in a security role, a U.S. official said on the condition of anonymity to provide details not yet made public. Sixteen of the soldiers there were assigned to Fort Carson, the official did not know where the seventeenth was assigned.

Investigators suspect Orona-Rodriguez was getting cocaine from an unidentified Mexican citizen who is “unlawfully present in the United States without admission,” according to the affidavit.

President Donald Trump posted a link to the DEA video of the raid on his social media site, Truth Social. “A big Raid last night on some of the worst people illegally in our Country — Drug Dealers, Murderers, and other Violent Criminals, of all shapes and sizes,” the president wrote.

Associated Press writer Tara Copp in Washington, D.C., contributed to this report.

In this image taken from video released by the U.S. Drug Enforcement Administration, officers stop a patron from a nightclub where a raid occurred Sunday, April 27, 2025, in Colorado Springs, Colo. (U.S. Drug Enforcement Administration via AP)

In this image taken from video released by the U.S. Drug Enforcement Administration, a law enforcement officer with a weapon drawn is shown at a nightclub where a raid occurred Sunday, April 27, 2025, in Colorado Springs, Colo. (U.S. Drug Enforcement Administration via AP)