AILSA CHANG, HOST:
A long-awaited hearing started today on whether Erik and Lyle Menendez should get their sentences reduced after murdering their parents. The brothers maintained that they had been sexually abused by their father and feared for their lives. They were found guilty back in 1996 and sentenced to life in prison without the possibility of parole. Last fall, the Los Angeles County district attorney recommended that they be resentenced, saying they had, quote, "paid their debt to society." Well, the current district attorney, who was elected in November, disagrees. So all of this will now come down to a judge who heard testimony today, and Steve Futterman has been in the courtroom in Van Nuys and joins us from there. Hi, Steve.
STEVE FUTTERMAN, BYLINE: Hi, Ailsa.
CHANG: So what have we heard so far in court?
FUTTERMAN: Well, just to understand, this is potentially a two-part hearing. Part 1, what are - we're going through right now is the judge, Michael Jesic, deciding, should they be resentenced? If the answer is yes, Part 2 would then be, what should the new sentence be?
CHANG: Right.
FUTTERMAN: The judge said today the main thing that will factor in his decision is how much of a risk the public the Menendez brothers are. In other words, are they likely to commit violent, serious crimes if they were released? So far, the witnesses have all been relatives of the Menendez brothers, and they've all said they feel there is no chance the brothers would commit any such crimes.
CHANG: OK, well, tell us more about who testified today and what they had to say.
FUTTERMAN: Well, they've all been cousins of the brothers from both sides of the family - the father Jose, the mother, Kitty. One cousin is Anamaria Baralt. She testified that she grew up with them almost like a sibling and talked about how they have grown up and taken responsibility similar to what she's told reporters on breaks outside the courtroom.
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ANAMARIA BARALT: I know Lyle and Erik. I know them personally. I know their growth. I've seen their journeys, and they are absolutely well-suited for this process for resentencing. And I have no doubt that if we stay fair throughout this proceedings, that we will see them out.
FUTTERMAN: On the other side, this morning before court began, the new district attorney, Nathan Hochman said again what he said before that, even though his predecessor, George Gascon, was the one who recommended resentencing, he doesn't support it.
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NATHAN HOCHMAN: Our position is not no, or it's not never. It's not yet. And the reason we said that is that the Menendez brothers have failed to come clean with the full extent of their criminal conduct, their cover-up, their lies and their deceit over the past 30 years.
FUTTERMAN: For example, Hochman complained that they have never acknowledged their early attempts to come up with a false alibi, trying to blame the killing of their parents on the mafia.
CHANG: And Steve, can you just briefly remind us why this case is even getting this hearing, like so many years later?
FUTTERMAN: Yeah, well, almost from the very beginning, there have been a small but very vocal group of supporters defending the brothers. The focus has been on their claims that they were repeatedly sexually abused by their father and that their mother never did anything to stop it. In recent years, though, there's been renewed attention. A Netflix documentary and a docudrama seemed to spark new interest. The defense has also claimed there is new evidence bolstering the sexual abuse claims. There's that large group of relatives on both sides of the family speaking out, asking for a new review, and then, as we said, the resentencing recommendation last fall.
CHANG: OK, well, what happens next at this point of the proceedings?
FUTTERMAN: Well, the judge will make his decision, and unless he decides to reduce the crime to manslaughter, which is very unlikely, any sentence reduction would not guarantee their release. A parole board would still have to give its approval, and even after that, California Governor Gavin Newsom would have the power to block it. He also has the power to grant clemency.
CHANG: That is Steve Futterman reporting in Van Nuys. Thank you so much, Steve.
FUTTERMAN: Thank you, Ailsa.
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