Menendez Bros Lawyer Might Call them to Testify at Resentencing Hearing, But High-Risk Move

Erik and Lyle Menendez might take the stand next Thursday to convince the judge in their resentencing hearing they’re worthy of redemption … but according to their lawyer, it could be a high-risk move.

Mark Geragos jumped on the “2 Angry Men” podcast Friday from the Van Nuys Courthouse, fresh off a victory where the judge shut down the D.A.’s request to put the kibosh on any resentencing hearing.

Excuse the intro to the clip — it’s a pisser — but a little ways in, Harvey asks Mark about his strategy to possibly call the bros to the stand. Harvey has spent some time talking to Erik and Lyle, and says plainly they presented themselves as compelling men who might impress the judge.

Mark says there’s risk in calling them, because he believes the judge will give prosecutors free reign to make their case against resentencing, and he’s all but sure the case they’ll make will be all about the murders of Jose and Kitty Menendez. If Erik and Lyle testify, they’ll be cross examined on the crimes, and that could get dicey and, frankly, off point.

The point of the hearing is to determine if Erik and Lyle are rehabilitated and if they pose a danger to the community, but prosecutors have thus far focused mainly on the killings.

Short story … Mark says he just doesn’t know if he’ll call them to the stand, and probably won’t make a decision until he sees how the hearing is going.

BTW … Harvey also tries to bring up some info we know — that Diddy‘s been telling people Mark will be repping him in next month’s trial. Wait’ll you hear how Geragos deflects!