Former Los Angeles District Attorney George Gasc贸n asked a judge in 2024 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 Gasc贸n's successor reversed course. Nathan Hochman submitted a motion in March to withdraw the resentencing request.
In light of Hochman's opposition to resentencing, Los Angeles County Superior Court Judge Michael Jesic on Friday ruled the court can move forward with the hearing.
Hochman's office said they could not support the brothers' resentencing because they had not admitted to lies told during their trial about why they killed their parents and did not "fully recognise, acknowledge, and accept complete responsibility" for their crime.
The brothers appeared in court over Zoom but hadn't made any public statements through the first few 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 defence argued they acted out of self-defence after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
Deputy district attorney Habib Balian on Friday saidthe key issue with Gasc贸n'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-defence."
The brothers' lawyer, 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 Gasc贸n in the district attorney's race.
"They have authorised the denial of sexual abuse," Geragos said of the prosecution's presentation.
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 patronising 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, lawyers for the Menendez brothers questioned whether Hochman had legitimate reasons for doing so or was influenced by "a change of political winds".
The lawyers 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 Governor 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.
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