Menendez Brothers Won’t Be Home For Holidays, Resentencing Hearing Delayed

Erik and Lyle Menendez don’t appear to be getting out of prison before the holidays … and now their legal team is recapping their latest status hearing.

The Menendez Brothers joined a status hearing Monday in Van Nuys from the San Diego area prison where they are serving a life sentence without the possibility of parole. They tried to join by video, but encountered technical issues and had to listen in over the phone … but never spoke.

Judge Michael V. Jesic considered a habeas corpus petition filed last year by Erik and Lyle’s legal team … the brothers are arguing two new pieces of evidence not presented during their trials support their claim that their father was sexually abusing them before they killed him.

Among the evidence … a letter Erik sent to his cousin in 1988 — about 8 months before the brothers killed their parents with shotguns — that appears to corroborate the abuse claims … and a declaration from former Menudo member Roy Rossello, who claims Jose raped him.

The Menendez brothers’ attorney, Mark Geragos, called a couple witnesses to testify … two aunts who said the brothers should come home ASAP.

The judge also heard the response from outgoing Los Angeles County District George Gascón, who wants to resentence the brothers and make them eligible for parole.

During their trials, prosecutors argued Erik and Lyle were motivated by greed when they killed their parents … but the brothers claimed they were acting in self-defense after years of sexual abuse at home … an argument they claim this new evidence backs up.

Erik and Lyle have been behind bars for over three decades but now they have a couple paths to freedom … resentencing leading to parole, clemency or having their convictions changed to manslaughter and walking free based on time served.