Menendez brothers' comprehensive risk assessment: Will it help or hurt their shot at freedom?

As Lyle and Erik Menendez continue to push for freedom, a Los Angeles judge will decide whether to include a report, which evaluates how much danger the brothers may pose to the public, in court hearings set for next week.

After months of legal wrangling between the LA County District Attorney’s Office and the Menendez brothers’ defense team, Judge Michael Jesic ruled Friday that the resentencing hearings, which could potentially reduce the brothers life-without-parole sentences, will continue next Tuesday and Wednesday.

The judge Friday dismissed the district attorney’s yet another request to withdraw the resentencing recommendation. But he did say he would consider the DA’s other petition: Whether or not to include a comprehensive assessment report on the brothers. 

What is a comprehensive risk assessment?

Comprehensive risk assessments are typically conducted by public safety experts and board-certified psychologists on behalf of the California state parole board before prisoners are up for parole.

Gov. Gavin Newsom ordered a risk assessment for Erik and Lyle Menendez to judge whether the brothers, convicted for the 1989 shotgun murders of their parents, pose a threat to public safety.

During Friday’s hearing, District Attorney Nathan Hochman asked the judge in the resentencing case to grant the admissibility of the risk assessment, claiming that the report provides insights into the brothers’ current and potential threat to society. 

But Mark Geragos, the brothers’ defense attorney, argued the risk assessment is an attempt by Hochman to “undercut what is 35 years of remarkable work of the brothers."

What does the brothers’ assessment risk report say?

According to Hochman, the brothers were assessed to have "moderate risks of violence" because of their prison rule violations.

"In January of 2025, (Erik Menendez) brought an illegal cell phone into the prison setting, enlisting another prisoner and someone outside to do that for him," Hochman said.

The assessment report also noted Lyle displayed "narcissistic tendencies" while Erik is vulnerable to influence of others.

Geragos argued the report should not be included in the resentencing consideration because of its preliminary status.

The final hearing on the risk assessment is scheduled for June 13, 2025.

Why is the brothers’ risk assessment important?

It’s a crucial piece for both prosecution and defense because it can influence the ongoing resentencing hearing in LA County and Gov. Newsom’s clemency consideration in Sacramento.

Newsom said he will decide whether to issue clemency to the brothers after the parole board’s risk assessment is complete.

Newsom had said, once the assessment report is ready, his office will submit it to the judge for resentencing while conducting its own independent analysis to determine whether to support commutation for the brothers.