Menendez brothers’ long-awaited resentencing hearing underway; cousin pleads with judge to free them

(LOS ANGELES) -- Erik and Lyle Menendez's much-anticipated resentencing hearing is underway, with lawyers set to battle over whether the brothers should get a lesser sentence, clearing the way for a potential release from prison.

Defense attorney Mark Geragos, who is pushing for their release, said he plans to call seven witnesses during the Tuesday and Wednesday proceedings, while the prosecution said it will call no witnesses.

Menendez cousin Anamaria Baralt was the first on the stand as Erik and Lyle Menendez watched via video from prison.

Through tears, Baralt pleaded with the judge to release her cousins, noting time is running out for them to be reunited with aging family members.

"They are very different men" than when they committed the murders, Baralt said, adding that "their transformation is remarkable."

During cross-examination, Baralt told prosecutors that the brothers have taken full responsibility for the crimes and Lyle Menendez has admitted to asking a witness to lie at trial. But Baralt conceded they haven't acknowledged some aspects of the case to her, as prosecutors argue the brothers haven't admitted to the full extent of their crimes and cover-ups.

Erik and Lyle Menendez are serving life without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez. They have the support of over 20 family members in their efforts to be freed after 35 years behind bars.

Their resentencing case gained momentum in October when then-Los Angeles County District Attorney George Gascón announced he supported a reduced sentence.

Gascón recommended the brothers' sentences of life without parole be removed, and said they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they'd be eligible for parole immediately under California law.

Gascón's office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the brothers' conduct in prison, saying they rehabilitated themselves and started programs to help other inmates.

In November, Gascón lost his reelection bid to Nathan Hochman, who in March filed a motion to withdraw the resentencing petition, calling the brothers' claims of self-defense part of a litany of "lies." The judge denied Hochman's request.

This resentencing hearing will be a face-off between Geragos and Hochman, who is trying to keep the brothers behind bars.

"The issue is not never for the resentencing," Hochman told ABC News in an exclusive interview Monday night. "It’s not yet.”

"The Menendez brothers have failed to come clean with the full extent of their criminal conduct, their cover-up, their lies and their deceit," Hochman said outside court Tuesday morning.

"When and if they do, and they do it sincerely," Hochman said, they would be "ready for resentencing."

Hochman continues to refuse to say whether he believes the brothers were sexually abused.

A hearing was held Friday to determine whether the resentencing case should include information from the California Board of Parole's newly completed risk assessment, which was conducted as a part of a separate clemency path. The risk assessment came at the request of Gov. Gavin Newsom as a part of the brothers' clemency bid; the brothers are pursuing multiple avenues to freedom, and the clemency path is separate from the resentencing path.

The risk assessment said Erik and Lyle Menendez pose a moderate risk to the community if they're released.

The assessment revealed the brothers possessed illegal cellphones in prison, among numerous other violations, though many are not recent. However, Erik Menendez had a phone as recently as January of this year, which Hochman stressed was during the resentencing effort when he should have been on his best behavior.

The defense noted Erik Menendez had one write-up for violence 25 years ago and Lyle Menendez has had none.

Judge Michael Jesic indicated he will take some of the risk assessment into account for the resentencing case, but he added that the information in the assessment is preliminary and attorneys can't question the psychologists who performed the examinations.

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