Menendez brothers’ long-awaited resentencing hearing to begin Tuesday
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(LOS ANGELES) — Erik and Lyle Menendez’s much-anticipated resentencing hearing will be held Tuesday and Wednesday 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. The brothers are not likely to testify.
Sources from the defense and prosecution told ABC News the judge is leaning toward resentencing the brothers. 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.”
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.
An undated photo found by Vernon, Connecticut, police on the devices of a 17-year-old girl associated with the online network 764 shows a Barbie Doll marked with “764.” (Vernon Police Department)
(WASHINGTON) — FBI officials say they are growing increasingly concerned about a loose network of violent predators who befriend teenagers through popular online platforms and then coerce them into escalating sexual and violent behavior — pushing victims to create graphic pornography, harm family pets, cut themselves with sharp objects, or even die by suicide.
The online predators, part of the network known as “764,” demand victims send them photos and videos of it all, so the shocking content can be shared with fellow 764 followers or used to extort victims for more. Some of the predators even host “watch parties” for others to watch them torment victims live online, according to authorities.
“We see a lot of bad things, but this is one of the most disturbing things we’re seeing,” said FBI Assistant Director David Scott, the head of the FBI’s Counterterrorism Division, which is now leading many of the U.S. government’s investigations tied to 764.
The FBI has more than 250 such investigations currently underway, with every single one of its 55 field offices across the country handling a 764-related case, Scott told ABC News in an exclusive interview.
He said the FBI has seen some victims as young as nine, and federal authorities have indicated there could be thousands of victims around the world.
‘Nihilistic violent extremists’
“[It’s] very scary and frightening,” the Connecticut mother of a teen girl caught up in 764 told ABC News.
“It was very difficult to process, because we didn’t raise her to engage in that kind of activity,” said the mother, speaking on the condition that ABC News not name her or her daughter.
Last year, in classic New England town of Vernon, Connecticut, local police arrested the girl — a former honor roll student — for conspiring with a 764 devotee overseas to direct bomb threats at her own community. When police searched her devices, they found pornographic photos of her, photos depicting self-mutilation, and photos of her paying homage to 764.
As Scott described it, one of the main goals of 764 and similar networks is to “sow chaos” and “bring down society.”
That’s why the FBI’s Counterterrorism Division and the Justice Department’s National Security Division are now looking at 764 and its offshoots as a potential form of domestic terrorism, even coining a new term to characterize the most heinous actors: “nihilistic violent extremists.”
“The more gore, the more violence … that raises their stature within the groups,” Scott said. “So it’s sort of a badge of honor within some of these groups to actually do the most harm to victims.”
According to an ABC News review of cases across the country, over the past few years, state and federal authorities have arrested at least 15 people on child pornography or weapons-related charges, and accused them in court of being associated with 764.
In one of those federal cases, a 24-year-old Arkansas man, Jairo Tinajero, plotted to murder a 14-year-old girl who started resisting his demands. When he pleaded guilty to conspiracy and child pornography charges three months ago, Tinajero said he believed the murder would raise his stature within the 764 network. His sentencing is set for August.
In another federal case, 19-year-old Jack Rocker of Tampa amassed a collection of more than 8,300 videos and images that the Justice Department called “some of the most horrific, evil content available on the Internet.” He pleaded guilty in January to possessing child sexual abuse material and was sentenced to seven years in prison.
While amassing his collection, Rocker organized his digital content into folders with titles such as “764” and “kkk-racist.” Another folder, called “trophies,” contained photos of victims who carved his online monikers into their bodies — a form of self-mutilation known as “fan signing.” He also had a folder titled “ISIS,” referring to the international terrorist organization that produced barbaric beheading videos.
Followers of the 764 network share all sorts of violent content with their victims, while some also glorify past mass-casualty attacks such as the 1999 Columbine High School shooting, or introduce victims to other extreme ideologies like neo-Nazism or Satanism, according to authorities.
“They want to desensitize these young people so that nothing really disturbs them anymore,” Scott said.
Just two weeks ago, the Justice Department announced the arrest of a 20-year-old North Carolina man, Prasan Nepal, for allegedly operating an elite online club dedicated to promoting 764, extorting young victims, and producing horrific content. He has yet to be arraigned.
In charging documents, the Justice Department said Nepal helped launch 764 with its Texas-based founder more than four years ago.
Though charging documents don’t identify the founder by name, federal law enforcement sources identified him to ABC News as Bradley Cadenhead, who is serving an 80-year-prison sentence in Texas after pleading guilty to several child pornography-related charges in 2023.
According to court documents, Cadenhead launched his new online community on the social platform Discord and called it “764” because at the time — when he was 15 — he lived in Stephenville, Texas, where the ZIP code begins with the numbers 764.
‘It’s everywhere’
Since the launch of the initial 764 group, which garnered a couple of hundred Discord followers, 764 has become a global movement, with an array of offshoots and subgroups that often rebrand and change their names to help keep social media companies and law enforcement from tracking them.
The original 764 was itself an offshoot of previous extremist and gore-focused groups online.
“Think of this less as a group, and think of it more as an ideology,” Vernon police detective Tommy Van Tasel said of 764 and similar networks. “It doesn’t matter what they’re called. There are a lot of actors out there … encouraging this type of behavior. So it’s everywhere. It’s in every community.”
Indeed, the young Connecticut girl that Van Tasel would eventually investigate was sucked into 764 by a man overseas.
Reflecting what her family described as a typical 764-related encounter, the girl met him on the popular online gaming platform Roblox, and then they began communicating more regularly online, including on Discord, which caters to gamers.
The man convinced her he was her boyfriend, and she sent him sexual photos of herself — the types of images that 764 adherents threaten to share widely if victims don’t comply with their escalating demands.
According to police, she had produced an assortment of 764-related content, including a photo of a nude Barbie doll marked with “764” on its forehead; photos depicting her cutting herself; and a note, written in her blood, calling her supposed boyfriend “a god.”
“They felt like they owned her,” the girl’s mother said.
And, fearing even further extortion, the girl began participating in some of the same threatening behavior that she had endured herself, according to Van Tasel.
Scott said it’s common to “have victims who then become subjects” by perpetrating acts “on behalf of the individual who victimized them.”
According to her family, the Connecticut girl was trained to hack into Roblox accounts and lock them — which allowed her to make demands of account owners if they wanted their accounts back. And she allegedly helped direct a series of threats that rattled Vernon-area schools for three months in late 2023 and early last year.
“I have placed two explosives in front of Rockville High School, and if they fail to detonate, I’m going to walk into there and I’m just going to shoot every kid I see,” a male with a British accent claimed during a call to Vernon police in late January 2024.
Those threats led Van Tasel to the girl whose mother spoke with ABC News. The girl was arrested on conspiracy-related charges and referred to juvenile court.
But even before her arrest, she had started to resist some of the demands that were being directed at her. As a result, her family’s home was bombarded by incidents of so-called “swatting,” when false reports of crimes or violence try to induce SWAT teams to respond to a location in an effort to intimidate targets there.
“One time … they had surrounded our whole house,” the girl’s mother said. “And then that kept going on and on.”
Scott said swatting is a common tactic used by adherents of 764 and similar networks when they don’t get compliance.
The man at the heart of the Connecticut girl’s ordeal is still under investigation by authorities, according to Van Tasel.
‘Be on the lookout’
Van Tasel and Scott offered several tips to parents worried about whether their children could fall victim to 764. In particular, they said parents should watch what their children are doing on applications and online games.
A spokesperson for Roblox agreed, saying in a statement to ABC News that parents should “engage in open conversations about online safety,” especially because 764 is “known for using a variety of online platforms” to evade online safeguards.
A Discord spokesperson, meanwhile, said that 764 is “an industry-wide issue,” and that the “horrific actions of 764 have no place on Discord or in society.”
Both spokespeople said each of their companies is “committed” to providing a safe and secure online environment for users, with both noting that each company uses technology to remove harmful content and, by policy, prohibits behavior endangering children.
Discord added that “behind the scenes” it made “proactive disclosures of information to law enforcement” and, “where possible,” assisted authorities in building the case against Nepal, who allegedly helped launch 764.
Van Tasel and Scott said parents should also look out for changes in their children’s activities or personality, and watch for questionable injuries to family pets or evidence of self-harm.
Scott said that if a child is wearing long-sleeved clothing or trying to cover up their body on hot days, that could be a sign of self-harm.
“Just be on the lookout for any of those things that are alarming, and just have in the back of your mind that this may all be a result of what is happening online,” Van Tasel said, urging parents to call law enforcement if they have concerns.
As for the Connecticut girl caught up in 764, her mother told ABC News that she cooperated with authorities, the case against her is “almost resolved,” and she’s now “back on track” after getting help.
“Back to having friends, back to attending activities,” her mother said. “Not quite back to where she was when it all began, but she’s getting there.”
(NEW YORK) — A four-day, once-in-a-generation weather event turned deadly on day 1 on Wednesday — and the risk for destructive storms and tornadoes will continue on Thursday, and the threat of flooding will increase.
Here’s what you need to know:
Wednesday
The rare weather event began Wednesday with a tornado outbreak that led to at least 20 reported tornadoes from Arkansas to Indiana.
Matt Ziegler documented the moment a tornado ripped through his town of Lake City, Arkansas.
“I’ve always heard that they sound like a train on a track, but to be honest with you, it was eerily quiet,” he told ABC News. “If you weren’t looking, you wouldn’t know that there was a major tornado just a field over from us.”
At least four weather-related fatalities have been confirmed in Tennessee, according to state officials.
The governors of Tennessee and Kentucky have declared states of emergency.
“We are facing one of the most serious weather events we’ve had forecast,” Kentucky Gov. Andy Beshear warned on social media. “Please stay alert, take all precautions, and be prepared.”
Thursday
On Thursday, the severe weather risk is a level 3 out of 5, bringing the chance for a few strong tornadoes from Little Rock, Arkansas, to Memphis, Tennessee, to Jackson, Tennessee.
The flooding threat ramps up on Thursday as the system begins to stall and dump heavy rain over the same areas.
Overall, more than 38 million people are under a general flood watch until Sunday morning, spanning 11 states from Arkansas to Ohio including the cities of Louisville, Kentucky; Indianapolis; and Cleveland.
Public schools in Nashville, Tennessee, are closed on Thursday.
A particularly dangerous situation, or PDS, flood watch is in effect until Sunday morning for about 4 million people in parts of Arkansas, Mississippi, Tennessee, Missouri, Illinois, Indiana and Kentucky. Cities in the PDS flood watch include Memphis; Little Rock; Jonesboro, Arkansas; Union City, Tennessee; Paducah, Kentucky; and Evansville, Indiana.
On Thursday, a rare high risk (level 4 of 4) warning for excessive rainfall is in effect in northeast Arkansas, northwest Tennessee, as well as Memphis, and western Kentucky.
Friday
Friday’s severe weather threat is a level 3 of 5 for nearly all of Arkansas, with strong tornadoes possible.
A moderate risk (level 3 of 4) for excessive rainfall is in place for Friday from just east of Dallas to Fayetteville, Arkansas, to Springfield, Missouri, to St. Louis.
Saturday
Saturday’s severe weather threat is a level 3 of 5 for Arkansas, Louisiana, western Mississippi and eastern Texas, with strong tornadoes possible.
For flooding, a rare high risk threat is in effect on Saturday from Memphis to Jonesboro to Evansville.
Rain totals
The four-day event will dump 10 to 15 inches of rain or more over the area from Jonesboro to Paducah.
Seven to 10 inches of rain is possible from Little Rock to Memphis to Louisville to Cincinnati.
The system will finally move east Sunday afternoon, bringing rain to the Southeast on Sunday, Monday and Tuesday.
California Department of Corrections and Rehabilitation
(DELANO, Calif.) — An escaped California inmate is now wanted for killing a Mexican police commander who hunts down foreign fugitives — also known as a “gringo hunter” — during a shootout in Tijuana, officials said.
Abigail Esparza Reyes, who was part of a specialized Mexican state police unit responsible for locating foreign fugitives who cross the border, was killed on Wednesday while trying to arrest Cesar Hernandez, an escaped inmate from Southern California, officials said.
Marina del Pilar, the governor of Baja California State, confirmed Reyes’ death in a statement on Wednesday.
“To the family and loved ones of Agent Abigail, we recognize their courage and dedication to the service of their state,” Pilar said on X. “Our wishes for prompt resignation are with you, Abigail’s life will be honored and her death will not go unpunished.”
The shooting took place two days after Hernandez’s 35th birthday.
Surveillance footage shows an individual, who authorities identified as Hernandez, changing into bright yellow worker’s clothing, seeming to blend in after the shooting.
Hernandez escaped from custody on Dec. 2, 2024, shortly after arriving for a court appearance in Delano, California, according to the California Department of Corrections and Rehabilitation. Upon arrival, Hernandez “evaded staff custody, jumped out of the van and is currently at large,” officials said at the time.
He was arrested in 2019 and sentenced to 80 years to life in prison with the possibility of parole, officials said. He received 25 years for first-degree murder, a sentence “doubled because it was a second strike,” and discharging a firearm during the crime, officials said. Hernandez also received five years for a prior offense, officials said.
Before his escape, Hernandez was housed at the Kern Valley State Prison in Delano, officials said.
Hernandez is still on the run after the shootout that killed Reyes, officials said.
Reyes was featured in a “Nightline x Impact” episode in 2024 that highlighted the “gringo hunters” and their work to catch fugitives who evade law enforcement by fleeing to Mexico.
In the episode, Reyes is seen leading a mission to arrest a fugitive charged with murder who was found in Tijuana.
ABC News’ Sara Sandrick, Ellie Kaufman, Jen Watts and Alondra De La Cruz contributed to this report.