Menendez Brothers News

Erik Menendez is not in prison right now ... he is in a nearby hospital being treated for kidney stones, and it's possible he will not return ... sources with direct knowledge tell TMZ.

We broke the story ... Erik is being treated with what his lawyer Mark Geragos called a "serious medical condition." We have confirmed that the condition is kidney stones.

The California Department of Corrections and Rehabilitation confirms Erik was transported to an outside medical facility Friday ... and we're told he is currently in fair condition.

12:49 PM PT -- Erik Menendez is undergoing treatment for kidney stones ... TMZ has confirmed.

Erik Menendez is battling a health issue that is so serious his lawyer is asking California Governor Gavin Newsom to release him immediately, ahead of next month's parole hearing.

Attorney Mark Geragos was on "TMZ Live" Tuesday and told Harvey Erik's medical condition is "serious" ... serious enough to warrant immediate action by the Governor.

Geragos said Erik is getting treatment in prison, but -- although Geragos wouldn't say -- it seems treatment by specialists outside the prison would be appropriate and possibly essential.

This is a BIG DEAL ... the judge in the Menendez case says the new evidence unearthed in the murder case -- if true -- makes a compelling case to throw out their convictions ... which would mean they could be released even without a parole board hearing.

According to new court documents, obtained by TMZ, L.A. County Superior Court Judge William C. Ryan, has reviewed the 2 pieces of new evidence -- the first is a letter purporting to be from Erik Menendez to his cousin, Andy Cano, which would corroborate Cano's testimony about Jose Menendez molesting Erik.

The second piece of evidence -- a declaration from Roy Rossello, a former member of Menudo, who claims he was anally raped and orally copulated by Jose in either 1983 or 1984. This declaration, according to Menendez attorney Mark Geragos, shows the prosecution was off base in characterizing Jose as "not the kind of man" who would abuse his children. Also, the judge in the murder trial severely limited testimony about alleged sexual abuse.

Erik and Lyle Menendez will have to bite their nails a little longer before finding out whether they'll get released from prison ... because the parole board has kicked their hearing date down the road.

The Menendez brothers were slated to go before the California parole board on June 13 after a judge resentenced them earlier this month to 50 years to life for the infamous 1989 shotgun murders of their parents, Kitty and Jose Menendez.

After two trials, Erik and Lyle were finally convicted in 1996 and originally sentenced to life in prison without the possibility of parole.

Judge Greg Mathis -- who is currently visiting prisons across the U.S. to spread the word of redemption to prisoners and the public -- shares his opinion on the Menendez brothers' plan to do the same ... if they get out, that is.

ICYMI, during the brothers' resentencing hearing earlier this week, retired Judge Jonathan Colby took the witness stand remotely to express interest in accompanying the Menendez bros on a tour to speak with judges who don’t believe redemption is possible.

Check the clip -- Mathis jokingly tells us that former Judge Colby stole his idea ... though he says these two weren't on his own list of high-profile felons, he believes their fame would add to public interest.

Los Angeles District Attorney Nathan Hochman talked about the "L" he took in court during a public meeting just hours after convicted double murderers Erik and Lyle Menendez inched closer to freedom with their big legal victory Tuesday.

TMZ obtained video of Tuesday night's panel discussion hosted by Fox L.A. News anchor Elex Michaelson, who questioned Hochman about his loss at the Menendez Brothers resentencing hearing earlier in the day.

Check out video, obtained by TMZ, which shows Michaelson seated next to Hochman and others onstage at L.A.'s Temple Isaiah — and things get tense right from the get-go in front of the crowd.

Erik and Lyle Menendez can celebrate a new court victory -- the judge gave them a new sentence, which allows for parole ... so now, they can get out of prison after facing the state parole board.

The brothers attended Tuesday's resentencing hearing by video, and they were emotional as the judge changed their sentence to 50 years to life ... instead of the life without possibility of parole sentence they originally got.

Menendez family members -- many of whom testified they wanted Erik and Lyle to be released from prison -- also erupted in joy, hugging each other in court as they celebrated their new sentences.

The Menendez Brothers' day in court has arrived ... the convicted killers are attending a resentencing hearing Tuesday, and attorneys on both sides are making their cases with full-throated support from Erik and Lyle's family members in the courtroom.

Tamara Lucero Goodell is the brothers' cousin once removed -- she's the great niece of Erik and Lyle's deceased mother, Kitty -- and she took the stand in the Van Nuys, L.A. courtroom first. She talked about the shotgun murders of the brothers' parents in 1989 ... which occurred just three weeks before her 9th birthday.

Tamara testified she has no concerns about the brothers committing any crimes if they're released from prison. She said she wasn't aware of any alleged abuse from Kitty or Jose -- an alleged detail the brothers are attempting to leverage for their freedom. She recalled once seeing Jose grabbing the back of Erik’s neck during a tennis match.

The Menendez Brothers got good news today in court in their ongoing quest for freedom ... a judge has denied a petition to stop a resentencing hearing from happening, and the brothers will get their day in court next week for the next step.

L.A. County Superior Court Judge Michael Jesic rejected the prosecution's motion to stop next week's resentencing hearing, finding there's no new information revealed in a risk assessment report on the brothers that would stop the consideration.

Friday, details from the Compliance Risk Assessment (CRA) were revealed -- Lyle broke prison rules last year for being in possession of a phone. This year, Erik also broke rules, by having a cellphone and communicating with someone outside prison, and by purchasing and trading drugs, and lastly, performing tax fraud.

Los Angeles County District Attorney Nathan Hochman says he will NOT recuse himself from the Erik and Lyle Menendez case ... despite their attorney calling for Hochman to step aside.

In new legal docs, obtained by TMZ, Hochman says there's no legal reason for him to recuse himself ... and he blasts the defense for what he sees as a "drastic and desperate step" ... claiming they are trying to sidestep the central issue here ... resentencing, which Hochman opposes.

Erik and Lyle's attorney, Mark Geragos, previously called for Hochman to recuse himself.

Rosie O'Donnell's not just pals with Lyle Menendez ... it seems she's a close confidante of him -- 'cause she says the pair talk every few days.

The former talk show host revealed how close she is with the convicted killer to Page Six in an interview published Saturday ... admitting she and Lyle chat on the phone between two and three times each week.

This comes after Rosie said the two are friends ... explaining they got in touch in 2022 because of a Netflix documentary about Lyle and Erik's crime.

A juror in the 1996 Menendez brothers' murder trial says the shotgun-wielding brothers share the benefit of being famous and having white privilege ... as well as the support of one of the most recognizable faces in the world -- Kim Kardashian!

And this is why, the juror tells TMZ, Erik and Lyle Menendez could receive clemency and ultimately get released from a California prison ... after serving decades behind bars for shootings their parents, Jose and Kitty, to death in their Beverly Hills mansion in 1989.

The juror, who spoke on the condition of anonymity, tells TMZ ... freedom is certainly a possibility for the brothers given the fact that Erik and Lyle are "well-known, white-looking, or attractive," despite the fact that they are Latino.

X-Raided, a rapper who spent time behind bars with the Menendez Brothers, says Erik and Lyle remain "cautiously optimistic" about the prospect of potentially being free men ... despite a recent roadblock.

We got X-Raided -- government name Anerae Brown -- in Los Angeles on Friday and our photog asked him how Erik and Lyle are holding up after their resentencing hearing was delayed.

The guy did hard time with Erik and Lyle back in the day and was so impacted by them, they've kept in touch ever since.

The Menendez Brothers resentencing hearing has ended for the day ... and will not be continued on Friday, as originally scheduled.

The next hearing is scheduled for May 9, and will address the admissibility of a risk assessment report ... and the brothers' defense attorney Mark Geragos is expected to file for L.A. County District Attorney Nathan Hochman to be personally recused from the case. Hochman grew up in Beverly Hills and went to the same high school as the Menendez Bros.

In a news conference after today's hearing, Geragos repeatedly accused the D.A.'s Office -- and specifically Hochman -- of retraumatizing the Menendez family. One family member was reportedly hospitalized after crime scene photos were shown in court on April 11. Bryan Freedman, who represents members of the Menendez family, said he wants to ensure their Marsy's Law rights are respected.

9:42 AM PT -- Nathan Hochman just held a press conference detailing the reasons behind his latest motion to delay the resentencing hearing.

Mark Geragos fired back at Nathan Hochman by calling his decision to move the resentencing appalling ... adding he's "abused the victims" both privately and publicly.

Los Angeles County District Attorney Nathan Hochman is trying to kick the can down the road in the Menendez brothers' case ... filing a last-minute motion to push back Thursday's resentencing hearing.

Hochman filed the motion Wednesday night in L.A. County Superior Court to prevent today's much-anticipated hearing from going forward, arguing the court needs time to review the California parole board's risk assessment report for Erik and Lyle Menendez.

As you know, Governor Gavin Newsom ordered the parole board back in February to conduct a risk assessment of the brothers before any clemency decision could be made.

The Menendez Brothers' relatives are ripping L.A. County D.A. Nathan Hochman ... blasting his use of crime scene photos in a recent court hearing as a "grotesque spectacle" with dire consequences.

Bryan Freedman -- the attorney representing the family -- rips Hochman in a new court filing ... saying the county's top prosecutor is making a mockery of Marsy's Law, which protects the rights of crime victims.

In the docs, obtained by TMZ, Freedman says Hochman gratuitously and needlessly displayed crime scene photos at Friday's court hearing, which was attended by a bunch of Erik's and Lyle's relatives -- and he claims the photos caused the brothers' 85-year-old aunt, Terry Baralt, such severe emotional distress she ended up in a hospital bed.