MARY LOUISE KELLY, HOST:
Today in Los Angeles, an initial hearing took place asking a judge to reduce the sentences of Erik and Lyle Menendez - the Menendez brothers. They've been behind bars for 34 years, serving life terms without parole for killing both of their parents. Resentencing was recommended last month by LA County District Attorney George Gascon. Gascon lost reelection in November, though, and there is uncertainty about what the new DA may do. Reporter Steve Futterman was in the courthouse today. He is with us now. Hey there.
STEVE FUTTERMAN, BYLINE: Hi, Mary Louise.
KELLY: Catch us up on what happened in court today.
FUTTERMAN: Well, today here at the courthouse was basically setting up the roadmap for how this is all going to proceed. We thought we would actually see the brothers, who are now in their 50s, via video link from the prison where they were serving their sentence, but there were some technical problems. Attorneys for the brothers say the sentences should be reduced based on the fact that they allege they were both sexually molested for years by their father Jose. Now, that did come out at the trial where they were found guilty, but it was not a key factor in the defense presentation. And defense attorneys now claim there is new evidence that backs up the sexual abuse claims. This, though, was primarily a procedural hearing. The key hearing, where the judge will hear evidence, was pushed back today. The judge said he simply isn't ready, so it will now take place after the first of the year, on January 30 and 31.
KELLY: There was some testimony today, though. Who was that?
FUTTERMAN: Yes. There were two witnesses who were allowed to testify briefly - the 92-year-old sister of Kitty Menendez and the 85-year-old sister of Jose Menendez. Their testimony was permitted because of their age, and both also have some medical challenges. Each said they want their nephews freed. Afterwards, they spoke to the dozens of reporters and camera crews who were gathered here covering the hearing (ph). Here is Jose's sister, Terry Baralt.
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TERRY BARALT: I do want them home. They should never have been in such situations that presented themselves.
FUTTERMAN: Now, there is at least one family member, a brother of Kitty Menendez, who feels Erik and Lyle should remain behind bars, and it's possible he will testify at that January hearing.
KELLY: OK. Now, to this question of the DA - as I mentioned, District Attorney Gascon was voted out of office this month. There's a new district attorney who's been voted in. How is all that going to affect the case?
FUTTERMAN: Well, it's a bit complicated, and it's already affecting the case. The judge made clear today he does not want to go ahead until he hears from the incoming district attorney to see what his position is. The new DA is Nathan Hochman. He has said he wants to do a complete review before he gives his opinion. Now, while Gascon may be LA's most progressive DA ever, Hochman's reputation is more moderate. This is what Gascon said last month when he announced he supports the sentence reduction.
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GEORGE GASCON: I believe that they have paid their debt to society, and the system provides a vehicle for their case to be reviewed.
KELLY: About 30 seconds left, Steve, but I want to ask, if the judge reduces the sentence, makes the brothers eligible for parole, is that it for them? Are they done?
FUTTERMAN: No. No. The brothers would still need to have it approved by the parole board. And the governor, Gavin Newsom, could also play a role. He does have the ability to block a parole board recommendation. He hasn't given any indication what he would do, though, in this case.
KELLY: Thank you, Steve.
FUTTERMAN: Thank you.
KELLY: That's Steve Futterman in Los Angeles. Transcript provided by NPR, Copyright NPR.
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