VAN NUYS (CNS) - Witnesses were delayed from taking the stand in Thursday's re-sentencing hearing for Erik and Lyle Menendez as the judge weighed several issues, including whether he can consider a just-completed psychological risk-assessment review of the brothers before deciding if they should possibly receive a new sentence.

Los Angeles Superior Court Judge Michael Jesic called an early recess until after lunch to determine whether the assessment, carried out for use at a parole board hearing in June, would remain confidential or whether it was legally permissible for him to use.

Jesic proposed that the Los Angeles County District Attorney's Office, which apparently has a copy of the report, refrain from using any of the information at this juncture.

The Menendez brothers' attorney, Mark Geragos, called for a 17-day continuance, arguing that the information in the report could unfairly taint the evaluation of whether the brothers, who are serving life in prison without the possibility of parole for the shotgun killings of their parents at the family's Beverly Hills mansion more than three decades ago, should receive a new sentence.

A decision on whether the hearing would continue was expected Thursday afternoon.

Much of the morning was also taken up by a discussion of the prosecution's use of a graphic crime scene photo displayed at a hearing Friday.

Geragos complained that use of the photo without warning to Menendez family members in the courtroom caused trauma and resulted in an already ailing elderly aunt of Lyle and Erik Menendez being taken to a hospital.

The judge ordered that if any other graphic photos were to be used, defense attorneys should be forewarned so they can alert Menendez family members.

"It was a very gruesome murder," Jesic said from the bench. "I wouldn't want to see those photos if it was my family."

Assistant Head Deputy District Attorney Habib Balian -- who apologized to the family Friday -- argued that such photos were necessary to fully understand "what Lyle and Erik Menendez did."

The hearing -- which originally was expected to continue Friday -- comes just under a week after Jesic denied a request by the District Attorney's Office to withdraw a motion filed under prior D.A. George Gascón's administration that supported re-sentencing for Erik Menendez, now 54, and Lyle Menendez, now 57.

Prosecutors filed a new motion Wednesday night asking the judge to delay the hearing until the court can review the recent parole board assessment.

Prosecutors are objecting to the pair being re-sentenced for the Aug. 20, 1989, shotgun killings of their parents, Jose and Mary Louise "Kitty" Menendez.

Attorneys representing the brothers are hoping to have them re- sentenced to a lesser term, either allowing them to be released or become eligible for parole. The two claim the killings were committed after years of abuse, including alleged sexual abuse by their father.

The brothers, sitting side by side in blue prison clothing during, appeared Thursday via Zoom from the San Diego prison where they are incarcerated, but have so far not made any statements.

"They've waited a long time to get some justice," Geragos said after Friday's hearing. "Justice won over politics."

He had said during last week's hearing that the brothers "have done more good (and) helped more prisoners" than anyone could expect during their 35 years behind bars.

New District Attorney Nathan Hochman said prosecutors will continue to oppose the brothers' release.

"These murders were calculated, premeditated, cold-blooded killings," Hochman said last week. "Our position remains clear: Until the Menendez brothers finally come clean with all their lies of self-defense and suborning and attempting to suborn perjury, they are not rehabilitated and pose an unreasonable risk of danger to public safety."

One of the brothers' cousins, Anamaria Baralt, who has been a vocal advocate for the two, said the defendants have shown "remorse and rehabilitation" while imprisoned, and "have repeatedly taken responsibility" for their crimes.

Meanwhile, state parole boards will conduct separate hearings for the brothers on June 13, then send their reports to Gov. Gavin Newsom to help him decide whether the two should receive clemency, the governor said.

In a 2023 court petition, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers' allegations of long-term sexual abuse at the hands of their father -- a letter allegedly written by Erik Menendez to his cousin Andy Cano in early 1989 or late 1988, and recent allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, that he too was sexually abused by Jose Menendez as a teenager.

Interest in the case surged following the release of a recent Netflix documentary and dramatic series.

The governor said that with the exception of brief clips on social media he has not watched dramatizations of the Menendez case or documentaries on it "because I don't want to be influenced by them."

"I just want to be influenced by the facts," Newsom said.

Gary and Shannon

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