(LOS ANGELES) — Erik and Lyle Menendez’s 85-year-old aunt, Terry Baralt, has been hospitalized after prosecutors showed graphic crime scene images at the brothers’ hearing, the family said.
The relatives are slamming the Los Angeles County Attorney’s Office for their “cruel” presentation in court on Friday and said they’re taking formal action to demand DA Nathan Hochman’s office be removed from the case.
Lyle and Erik Menendez — who are serving life in prison without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez — are fighting to be released after 35 years behind bars. Over 20 of their relatives are pushing for their release, arguing they endured horrific abuse, have admitted guilt and apologized, and have used their decades in custody to help others.
Baralt, who is Jose Menendez’s sister, is battling colon cancer. But she traveled from her home in New Jersey to Los Angeles to support her nephews at their hearing, where the family said she was forced to — without warning — witness grisly images, including her brother’s body.
“No physical pain has ever kept her from being there for her nephews,” the family said in a statement on Sunday. “But the display put on by the DA’s office pushed her past the brink.”
Baralt was found unresponsive on Sunday morning and was hospitalized in critical condition, the family said.
“We are devastated,” the family said.
“Terry may not recover from what was done to her — and to all of us — in that courtroom,” the family said. “We deserve better. We firmly believe that if the DA’s office had shown even an announce of consideration for us, as victims, we would not be hoping for one more day with Terry right now.”
The family said the graphic display violated Marsy’s Law — California’s bill of rights for victims — specifically noting it states that a victim is entitled “to be treated with fairness and respect” and be “free from intimidation, harassment, and abuse.”
“Being tough on crime is important, it’s good,” Menendez family attorney Bryan Freedman said. “But that’s tough on crime — not creating fear and pain and trauma in family members.”
The DA’s office apologized “for not giving prior warning,” saying in a statement Sunday, “We never intend to cause distress or pain to individuals who attend a court hearing.”
“However, by design, these hearings are intended to be a place where the truth, no matter how painful, is brought to light,” the DA’s office added. “That truth starts with the abject brutality and premeditation of the murders themselves. … There has never been an objection to describing this highly brutal, murderous conduct in words, nor did anyone object to this office when such crime scene images were recently shown on a Netflix documentary.”
“We caution anyone attending a hearing in person to be prepared for some of the difficult details and images surrounding these tragic circumstances,” prosecutors added.
The family initially asked for Hochman’s removal from the case last month, calling his behavior “hostile,” “patronizing” and “re-traumatizing.”
“[The prosecutors] have shown again and again that they are incapable of handling this process with the fairness, care, or neutrality required by law,” the family said Sunday.
Friday’s hourslong hearing was regarding Hochman’s motion to withdraw the brothers’ resentencing petition — submitted under the previous district attorney, George Gascón, who supported the brothers’ release. Hochman, who defeated Gascón in the November election, has argued Lyle and Erik Menendez haven’t taken responsibility for their actions and he called their claims of self-defense part of a litany of “lies.”
The judge on Friday denied Hochman’s motion and said the brothers’ official resentencing hearing will proceed as planned on April 17 and 18, bringing them one step closer to potential freedom.
ABC News’ Matt Gutman and Lisa Sivertsen contributed to this report.
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