SAN DIEGO (KGTV) — Eric and Lyle Mendendez have been housed at Donovan State Correctional Facility together for about 7 years, but they've been in prison for over 30 years for the murder of their parents, Jose and Kitty Menendez.
Thursday morning, they appeared virtually in court in Los Angeles for what was supposed to be day one of their resentencing hearing. The hearing was postponed to a future date.
ABC 10News spoke to a criminal defense attorney to discuss the resentencing process. The conversation took place before the hearing was postponed.
The brothers are currently serving life without the possibility of parole.
Criminal defense attorney Gretchen von Helms, who’s not related to the case, explains what the judge will look for when considering resentencing.
"So the judge will have the evidence that’s given today and the evidence that’s given tomorrow, then when the evidence comes in from the parole board, which is their risk assessment, then he’ll take that into consideration," says von Helms.
Resentencing is a process von Helms says doesn’t happen often, but has become more common in recent years due to changes in the law. She says the judge can go either way, based on the evidence presented during the brother’s hearing.
"Your sentence was fair the first time that it was given, some judges say, based on certain evidence that I’ve received, I find that your sentence wasn’t fair," says von Helms about what the judge could say.
Resentencing options the judge could take include 50 years to life, 25 years to life, or manslaughter, which would mean the brothers could be out on time served. The judge, however, could also decide that their sentence was fair, and men would spend the rest of their lives in prison.
If resentencing happens, it could still be months before the brothers are free.
For now, they remain in prison at Donovan Correctional Facility.
