Erik and Lyle Menendez might soon take the witness stand for the first time in decades, but their defense attorney Mark Geragos isn’t sure that’s the right move — at least not yet.
The high-profile resentencing hearing for the infamous brothers — who were convicted of murdering their parents, Jose and Kitty Menendez, in 1989 — is set to continue next Thursday, and it could feature the brothers themselves trying to convince the court they deserve a second chance.
But Geragos, one of the most well-known criminal defense attorneys in the country, says putting them on the stand could backfire badly.
“It’s a Risk”: Mark Geragos Speaks on the ‘2 Angry Men’ Podcast
Geragos joined the “2 Angry Men” podcast on Friday, speaking live from the Van Nuys Courthouse following a small courtroom win — where a judge denied the prosecution’s motion to cancel the resentencing hearing altogether.
While co-host Harvey Levin (of TMZ fame) floated the idea that Erik and Lyle could sway the judge with their maturity and growth over the years, Geragos wasn’t so sure.
“There’s a risk in calling them,” Geragos explained, noting that if either brother testifies, prosecutors would likely grill them on the original murders, even though the hearing is supposed to focus on rehabilitation and public safety risk — not rehashing the past.
The Hearing Is About Rehabilitation — Not Re-Litigation
The resentencing hearing is meant to determine whether the Menendez brothers, who have now been in prison for more than 30 years, have been rehabilitated and no longer pose a threat to society. But prosecutors seem determined to shift the spotlight back to the brutal 1989 killings.
“The judge would probably allow prosecutors free reign,” Geragos said. “If they testify, it opens the door to aggressive cross-examination that could go completely off point.”
Geragos added that no final decision has been made about whether Erik and Lyle will testify, and that call will likely come down to how the rest of the hearing unfolds.
Public Opinion and Redemption
In recent years, there has been a renewed wave of public interest and empathy toward the Menendez brothers, particularly among younger generations on platforms like TikTok and Reddit. Many now believe that their actions were tied to longstanding allegations of abuse and trauma within their family — claims that weren’t widely accepted or understood at the time of their conviction.
If either brother were to testify, it might give them an opportunity to personally demonstrate their remorse, growth, and commitment to rehabilitation — something that could move the judge. But Geragos clearly fears the risk of a prosecutorial ambush outweighs the potential reward.
Diddy? Not Now…
In a humorous side note, the podcast also touched on rumors that Geragos might represent Sean “Diddy” Combs in his upcoming legal battle. Harvey tried to sneak in a question about the possibility, but Geragos skillfully dodged it — giving nothing away.
“Wait till you hear how Geragos deflects,” the podcast teases.
Catch the Full Conversation
To hear the full interview and more behind-the-scenes legal chatter, check out the “2 Angry Men” podcast, available on all major streaming platforms.
