(KTLA) – The resentencing hearing for Eric and Lyle Menendez, scheduled for Thursday morning, could be delayed due to a motion filed by Los Angeles County District Attorney Nathan Hochman.
Hochman filed the motion Wednesday, saying he wants time for the court to review a parole assessment ordered by Gov. Gavin Newsom earlier this year.
In February, Newsom directed the California Board of Parole Hearings to investigate whether the brothers pose a potential risk to public safety, since he could set them free by granting clemency.
The District Attorney’s Office said that officials have completed the investigation and want the court to review it.
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FILE – This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP, File) -
Los Angeles County District Attorney Nathan Hochman gives a news conference about the Menendez brothers case in Los Angeles, Monday, March 10, 2025. (AP Photo/Damian Dovarganes) -
FILE – Lyle, left, and Erik Menendez sit in Beverly Hills Municipal Court where their attorneys delayed making pleas on behalf of the brothers who are suspected in the murders of their parents on March 12, 1990. (AP Photo/Nick Ut) -
Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut, File) -
Erik Menendez (L) and his brother Lyle (R) listen during a pre-trial hearing, on December 29, 1992 in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez of Beverly Hills, Calif. It took 40 months for the Superior Court arraignment after prosecutors and defense attorneys battled over the admissibility of taped confessions the brothers allegedly made to their psychotherapist. (Photo by VINCE BUCCI/AFP via Getty Images) -
Erik and Lyle Menendez are pictured, on August 12, 1991 in Beverly Hills. (Getty Images) -
Erik Menendez, left, and is brother Lyle, in front of their Beverly Hills home. (Getty) -
Menendez brothers, Erik, left, and Lyle on the steps of their Beverly Hills home in November, 1989. (Getty Images)
“The People believe that it is very important that the Court request and obtain a copy of these comprehensive risk assessments prior to holding a resentencing hearing in this case … the People request that the court continue this matter until a date after the Court is able to obtain copies,” prosecutor Habib Balian said.
However, it remains unclear whether the risk assessment has been fully completed or if the DA’s Office is referring to only a single component.
Less than a week ago, relatives of the brothers packed the same courtroom to hear a judge approve the resentencing hearing for this week.
Erik and Lyle Menendez are currently serving life in prison without the possibility of parole for the shotgun murders of their parents, Kitty and Jose Menendez, back in 1989. They have been behind bars for 35 years, and claim they killed their parents in self-defense after years of abuse.
If Thursday’s resentencing hearing goes forward, it is scheduled to take place around 9:30 a.m. The brothers are expected to appear via video link from their prison.
This is a developing story. Please check back for updates.