LOS ANGELES (AP) – Attorneys for Erik and Lyle Menendez, who were convicted of murdering their parents in 1989, are set to present their argument to a judge on Friday regarding the potential removal of Los Angeles prosecutors from the brothers' resentencing case. The Menendez brothers were sentenced in 1996 to life imprisonment without the possibility of parole after fatally shooting their father, entertainment executive Jose Menendez, and mother, Kitty Menendez, at their Beverly Hills home. At the time of the killings, the brothers were 18 and 21 years old.
The defense has repeatedly maintained that the brothers acted in self-defense, having endured years of sexual abuse from their father. Conversely, prosecutors have asserted that the brothers committed the brutal act to secure a multimillion-dollar inheritance. In October, former LA County District Attorney George Gascón initiated steps that could lead to potential freedom for the Menendez brothers by proposing a reduction of their sentences to 50 years with the possibility of parole. Gascón's office claimed that modern understandings of sexual abuse and trauma would have led to a different handling of the case, and noted that the brothers had exhibited rehabilitative progress during their three decades in prison.
However, the current district attorney, Nathan Hochman, has taken a hard stance against the brothers' resentencing. Hochman argues that the Menendez brothers have not fully accepted responsibility for their actions, as they have not acknowledged false statements made during their trials. The Menendez family and their attorneys have criticized how Hochman has managed the case, especially following his motion to oppose the removal from the case, labeling the defense's objections as mere dissatisfaction with the prosecutorial stance on the resentencing.
The motion filed by Hochman dismissed the defense’s concerns, stating, "Disagreeing with the opposing side's position is not a conflict of interest, it is simply a disagreement." The defense's petition, while focused on Hochman's conduct, aims to have the entire Los Angeles District Attorney's office removed from the case, which would typically result in the state attorney general's office taking over. In a recent turn of events, California Attorney General Rob Bonta filed a motion siding with Hochman, asserting that the defense had not sufficiently demonstrated a conflict of interest.
Laurie Levenson, a former federal prosecutor and professor at Loyola Law School in Los Angeles, commented that requests for such recusal of an entire office are "almost never" granted, suggesting that defendants do not get to choose their prosecutors. She noted that recusal usually occurs only under rare circumstances, such as when a prosecutor has a personal connection to the case or if the office received outside payment.
During the anticipated resentencing hearings last month, discussions became contentious over the admissibility of risk assessment materials completed by the state parole board at the governor's request. The hearings faced delays, and lead attorney Mark Geragos expressed intentions to recuse Hochman from the case, citing bias and alleged mistreatment of the Menendez family as factors that may jeopardize a fair hearing.
Geragos also referred to Hochman's demotion of Nancy Theberge and Brock Lunsford, the deputy district attorneys who originally filed the resentencing motion. Both attorneys have since filed lawsuits against Hochman for alleged punitive measures related to their work on the Menendez case. Compounding matters, Hochman appointed Kathleen Cady, who represented Milton Andersen— the only Menendez family member opposed to the brothers' resentencing— as head of his Office of Victim Services. Geragos pointed out the lack of outreach from this office to the Menendez family for support, as well as the attendance of both Cady and Hochman at a rally condemning the brothers' resentencing.
Furthermore, Geragos alleged that the district attorney's office breached Marsy's Law, which mandates fair treatment for victims in California. Menendez cousin Tamara Goodell also filed a complaint claiming Hochman exhibited a "hostile, dismissive, and patronizing tone" during interactions, which left the family feeling "distressed and humiliated." Hochman responded that the defense had provided no evidence to support their claims, emphasizing that personnel assignments within the office were internal decisions and that Marsy's Law does not empower victims to seek removal of a prosecutor.
The Menendez brothers are awaiting the results of a state parole board risk assessment ordered by Governor Gavin Newsom, with a final hearing planned for June 13 that will significantly impact whether Newsom will grant clemency to the brothers.
