Menendez brothers aunts beg judge to release them after he delayed their resentencing hearing for...

Menendez brothers

The aunts of the Menendez brothers have pleaded with a judge to set them free after their hopes of being home for Christmas were shattered when their resentencing hearing was delayed yesterday.

After being incarcerated for over 30 years for the violent killings of their parents, Jose and Kitty Menendez, in 1989, the notorious siblings will need to delay their court request for freedom by an additional two months.

During a court session on Monday at the Van Nuys Courthouse West, located close to Los Angeles, Erik, aged 53, and Lyle, aged 56, participated through an audio connection from their prison in San Diego.

Outside the courthouse, defense lawyer Mark Geragos informed the press that the two elderly sisters of Jose and Kitty spoke earnestly to the judge, urging him to allow the brothers to return home. He described it as a deeply touching moment.

After the court proceedings, Kitty's 93-year-old sister, Joan Van Der Molen, expressed her feelings by saying, "I want them back home; they should never have found themselves in these kinds of circumstances."

"What should a child do when their dad... oh, it's just too much to handle."

Jose's sister, Terry Baralt, who is 85 years old, added her thoughts by saying, "Eighty-five years is quite a long time."

During the hearing, the court listened to heartfelt accounts from the aunts of the brothers.

Terry and Joan presented new information indicating that their father had sexually abused his children from a young age. They urged Judge Michael Jesic to free their nephews from prison and allow them to return home.

The aunts of the Menendez brothers have pleaded with a judge to set them free, as their hopes of being home for Christmas were shattered yesterday when their resentencing hearing was delayed.

Marta Cano, the sister of Jose Menendez, descends the courthouse steps following a hearing in Los Angeles on Monday, November 25, 2024.

In 1989, siblings Lyle and Erik faced accusations of killing their mother and father.

"No child should have to go through what Erik and Lyle experienced because of their father, and it infuriates me that my sister was aware of it and chose to take no action," a weak Joan expressed to the crowded courtroom.

They were always in the dark about whether tonight would be the night they would face assault. It's time for them to return home.

Terry, who is battling colon cancer, broke down in tears while sharing with the court how much she misses her brother Jose and her closest companion, Kitty.

However, I really miss my nephews as well. They've accomplished many positive things while they’ve been incarcerated.

"Thirty-five years is quite a stretch, especially for someone who's just 18 or 21. I really hope they return home. I miss seeing them and just want to give them a hug."

Judge Jesic broke the heartbreaking news, announcing that they would delay the resentencing hearing originally set for December 11 until January 30 of the following year. This postponement is meant to allow the new Los Angeles District Attorney, Nathan Hochman, time to examine the case.

The trial of the brothers grabbed attention around the globe. Prosecutors argued that their motive was driven by greed, as they were set to receive $14 million from their parents. However, the brothers maintained that their actions were a response to years of sexual abuse by their father and their mother’s failure to intervene.

The initial trial resulted in a deadlocked jury. However, during a second trial in 1996, the judge did not permit any evidence regarding the brothers' abuse by their father, leading to their conviction. They were subsequently sentenced to life in prison without the chance for parole.

Currently, their lawyer, Mark Geragos, is advocating for a reduced sentence, supported by over twelve family members of Menendez as well as well-known figures like Rosie O'Donnell and Kim Kardashian. They are pushing for leniency due to new revelations regarding the sexual abuse that Jose Menendez perpetrated against his sons.

If a judge at the upcoming re-sentencing hearing decides to give a lighter sentence, it might lead to their immediate release or at the very least, allow them to qualify for parole.

Last month, the push to 'Free The Menendez Brothers' gained unexpected support from LA District Attorney George Gascon. He has suggested that the brothers should have their sentences reviewed and be released quickly, even though many of his own deputy district attorneys strongly oppose this idea.

The Menendez brothers won’t be able to spend Christmas at home, as Judge Michael Jesic has decided to delay their resentencing hearing, originally scheduled for December 11, until January 30.

Joan Van der Molen, the sister of Kitty Menendez, made an emotional appeal to Judge Jesic during the hearing, urging him to free her nephews from prison and allow them to return home.

Tammi Menendez, Erik's wife, embraced a supporter while her daughter Talia, Erik's stepdaughter, accompanied her as they exited the courthouse following the hearing.

Nick Bonanno, a friend from high school of Erik Menendez, displayed an old school photo of Erik’s younger brother outside the courthouse.

After the hearing, attorney Mark Geragos offered support to Joan Van der Molen, the aunt of Erik and Lyle Menendez.

Erik Menendez penned a letter to his cousin, Andy Cano, hinting at severe and ongoing mistreatment from his father, Jose.

Gascon's backing relies on two new pieces of evidence. The first is a disturbing accusation from last year by Roy Rossello, a former member of the band Menudo. He alleged that Jose Menendez, who was a high-ranking executive at RCA Records at the time, drugged and sexually assaulted him in the 1980s when Rossello was still a teenager.

Secondly, a letter emerged last year, written by Erik to his cousin Andy Cano. In it, Erik revealed that he had been enduring abuse from his father for eight months prior to the murders.

However, the backing from the head of the DA's office may not last for long. Gascon, who has faced significant criticism for his lenient stance towards criminals, recently lost his re-election campaign. Next week, he will be succeeded by Hochman, the new DA, who is known for having a much tougher approach to dealing with offenders.

Hochman, who previously worked as a federal prosecutor, might opt not to support his predecessor's suggestion to "release them" during the re-sentencing hearing.

Judge Jesic informed the court that he is delaying the originally scheduled resentencing hearing. He mentioned that he still needs to examine a substantial amount of legal paperwork, specifically noting he has “17 boxes” of documents to review. Additionally, he wants to show respect for the incoming District Attorney Hochman by allowing the new team a chance to evaluate the case.

At the same time, California Governor Gavin Newsom has avoided addressing the question of clemency for the Menendez brothers, instead stating that he would leave it up to the incoming district attorney to assess the situation.

A renewed fascination with the case was ignited by the recent Netflix series, *Monsters: The Lyle and Erik Menendez Story*, as well as the true crime documentary *The Menendez Brothers*. These productions depict how the brothers told authorities they arrived home from the movies only to discover their parents had been brutally murdered.

Initially, there were concerns that a dangerous murderer was roaming freely in Beverly Hills, which is known as one of the richest neighborhoods in the United States.

Incoming District Attorney Nathan Hochman has been granted the opportunity to examine the case after its rescheduling for the end of January.

After the hearing on Monday, family members of Erik and Lyle Menendez, along with their lawyers, gathered for a press conference.

Defense lawyer Mark Geragos is advocating for a reduced sentence, citing new information regarding the sexual abuse that Jose Menendez allegedly inflicted on his children.

This year, their story gained widespread attention from the Netflix series titled "Monsters: The Lyle and Erik Menendez Story," featuring Cooper Koch as Erik and Nichola Chavez as Lyle.

However, the police turned their focus to Lyle and Erik when they began using their $14 million inheritance shortly after their parents passed away.

Lyle treated himself to a Porsche Carrera, a Rolex watch, and two restaurants. Meanwhile, his brother decided to hire a dedicated tennis coach so he could start entering competitions.

In total, they used $700,000 from the period following their parents' deaths until their arrests in March 1990, which was seven months after the killings.

Erik, who claimed that his father mistreated him from the ages of six to twelve, argued in the recent documentary that it is 'ridiculous' to think he was enjoying himself right after the murders occurred.

"He mentioned that everything was intended to mask the deep agony of not wishing to exist."

One of the reasons I chose not to end my life was the thought of how much I would disappoint my father.

Not all members of the Menendez family think that the two brothers should be released. Some relatives, along with a number of assistant district attorneys who are not on the same page as their soon-to-retire boss, Gascon, are doubtful about the brothers' allegations of abuse and believe they should remain in prison.

Juan Mejia, a prosecutor in Los Angeles, expressed to NBC his concerns regarding the letter that Erik wrote to his deceased cousin Andy Cano. He noted that the attorneys representing the brothers have not yet provided the original version, and the absence of a date on the letter raises further questions.

After the Menendez brothers killed their parents, Kitty and Jose Menendez, they spent $700,000 in a short period, which raised suspicions among the police.

In 1989, the brothers took the lives of their parents, Kitty and Jose, using a shotgun in their mansion located in Beverly Hills.

Lyle has been involved with Milly Bucksey, a 21-year-old blonde student from Britain, for several months. They connected through a Facebook page that his wife, Rebecca Sneed, 55, manages on his behalf.

Lyle's prospects for getting released early could be affected by the finding of illegal cell phones and the change in Los Angeles district attorney George Gascon.

"Mejia expressed uncertainty about whether it was composed prior to the murders or following the conviction. 'Are they attempting to deceive the court again?'"

Pamela Bozanich, a former deputy district attorney in Los Angeles County, disagrees with Gascon's request for a resentencing and believes the boys were not mistreated.

"They took the lives of their parents. They brutally murdered their mother," she stated in an interview with NBC. "Why should they be allowed to be part of our community?"

Lyle's challenges during resentencing might increase due to an exclusive report from DailyMail.com, which reveals that he is now involved with a new partner, an English student named Milly Bucksey. It seems they have been communicating using a forbidden cellphone that Lyle managed to have while incarcerated in San Diego.

A convicted murderer was caught by prison guards at the high-security Richard J. Donovan Correctional Facility in San Diego, California, for having an illegal cell phone that he was using to communicate with his new partner.

Details of the incident were part of the re-sentencing document for ousted Gascon, submitted in Los Angeles at the end of October. The memo revealed that he was found with a phone on March 15 while in the cell he shares with several other inmates.

Even though he got caught, DailyMail.com has discovered that Lyle has managed to get his hands on a second illegal phone, which he has been using to communicate with a student from the University of Manchester.

According to California law, if a prisoner is found with a wireless communication device like a cellphone, they may lose their time credits.

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