Menendez brothers attorney's focus on grisly photos part of strategic defense play to free killers: experts

Erik and Lyle Menendez are leaning on a multipronged strategy as the brothers seek resentencing for their parents' California murders legal experts explained The brothers' had their first resentencing hearing in Los Angeles on Thursday and will be back in court on May as they try to get out of prison for killing their parents Jose and Kitty Menendez in Los Angeles attorney Tre Lovell described Fox News Digital the defense is focusing on three major strategies the brothers rehabilitation testimony from character bystanders and revisiting the sexual abuse they claim to have endured as children They ve changed since the crimes occurred Lovell commented citing years of post-conviction efforts including obtaining a college degree from UC Irvine leading prison self-help classes and starting endorsement programs like Green Space and a hospice care initiative MENENDEZ BROTHERS' AUNT HOSPITALIZED AFTER DA SHARES GRAPHIC PHOTOS IN COURT THERE WAS NO WARNING The resentencing criteria primarily focuses on post-conviction conduct to ensure that the defendants have changed and rehabilitated and are not a threat to the residents he stated Supporting their request the defense is expected to present testimony from prison guards supporters and family members including those who once opposed their release The fact that family members now sponsorship their release is very powerful Lovell added WATCH Defense attorney on grisly photos shownNew Jersey attorney David Gelman weighed in on the defense s new pushback against the prosecution s use of graphic crime scene photos shown during a hearing last week The defense is presenting a good argument Gelman recounted Fox News Digital They re saying the horrific pictures violated Marsy s Law which is supposed to protect sufferers rights SIGN UP TO GET TRUE CRIME NEWSLETTERThe defense indicates Terry Baralt the brothers' -year-old was traumatized by viewing the graphic photos of the crime scene She was hospitalized after the hearing We are devastated to share that Terry Baralt has been hospitalized and is in critical condition following the Los Angeles District Attorney s Office s cruel and careless conduct in court a report from the family read No physical pain has ever kept her from being there for her nephews But the display put on by the DA s office pushed her past the brink IF MENENDEZ BROTHERS ADMIT TO 'LIES ' LOS ANGELES DA MAY RECONSIDER RESENTENCING MOTION TO FREE THEM DOCUMENT I wouldn t want my family to see those images Judge Michael Jesic explained in court on Thursday Gelman announced that the defense s audience isn t community perception but the judge He announced that painting District Attorney Nathan Hochman's office as overzealous or vindictive could help sway the decision in favor of the brothers' bid for freedom or a reduced sentence The Comprehensive Threat Assessment CRA statement which was a psychological exam ordered by Gov Gavin Newsom's office remains the biggest hurdle for the defense to overcome Gelman explained Newsom's office described Fox News Digital that the hazard assessment will be complete on June They mentioned that their office notified Jesic of the status of the CRA review and offered to share it with the court if requested CALIFORNIA GOV NEWSOM SETS MENENDEZ BROTHERS PAROLE BOARD HEARING DATE IN BID FOR CLEMENCY The judge has already announced he won t rule until he sees the CRA reports Gelman announced If this is an even argument right now the description will tip the scales one way or another Neama Rahmani former federal prosecutor and president of West Coast Trial Lawyers announced that the CRA review while fundamental will not be the deciding factor in the judge's deliberations GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB The menace assessment analysis is something the parole board should consider It s not a factor in resentencing he explained The resentencing factors are Erik and Lyle s age at the time of the murders being sufferers of sex abuse conduct in prison and rehabilitation By focusing on those factors and deflecting the pitfall argument to the parole board Rahmani declared the defense is strategically guiding the judge toward a decision that could make parole a possibility without declaring them free men at present FOLLOW THE FOX TRUE CRIME BAND ON XOn Thursday Jesic broadcasted that they will reconvene on May Erik Menendez was visibly annoyed and his brother Lyle was emotionless as their bid for freedom was pushed back The brothers' attorney Mark Geragos filed a recusal motion against Hochman following the decision A recusal motion requests that the individual actions away from a scenario because of a promising conflict of interest or bias that prevents them from operating impartially WATCH ON FOX NATION MENENDEZ BROTHERS CASUALTIES OR VILLAINS The Menendez brothers and their supporters have been pushing for a resentencing hearing saying they were unfairly convicted to life in prison in for murdering their parents in their Beverly Hills home in Both Lyle and Erik Menendez have since come forward claiming their father sexually abused them offering a different narrative of the killings than the story their attorneys described in the s Their first trial ended in a mistrial when jurors couldn't agree on their fate After a second trial in the mid- s in which specific of their evidence about the alleged sexual abuse was excluded jurors agreed with prosecutors that their motive was greed If the judge decides to resentence the Menendez brothers it would then be up to the state parole board to consider their release Fox News Digital's Stepheny Price and Mike Ruiz contributed to this statement