Judge will decide whether to proceed with Menendez brothers resentencing
hearing
[April 11, 2025]
By JAIMIE DING
LOS ANGELES (AP) — A judge is set to decide Friday whether to proceed
with resentencing hearings for Erik and Lyle Menendez, who were
convicted of murdering their parents, in light of Los Angeles' new
district attorney opposing their release after 30 years behind bars.
The brothers were sentenced to life in prison without the possibility of
parole at ages 18 and 21 after being convicted of murdering their
parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989.
While the defense argued they acted out of self-defense after years of
sexual abuse by their father, prosecutors said the brothers killed their
parents for a multimillion-dollar inheritance.
Los Angeles County's previous progressive district attorney, George
Gascón, sought resentencing for the brothers before he lost reelection
to tough-on-crime candidate Nathan Hochman in November. Gascón had asked
a judge to change the brothers' sentence to 50 years to life, which
would make them immediately eligible for release under California law
because they committed the crime when they were younger than 26.
But last month, Hochman submitted a motion to withdraw that request,
saying he did not support the brothers' resentencing because they had
not admitted to lies they told as the case unfolded about why they
killed their parents and did not “fully recognize, acknowledge, and
accept complete responsibility” for their crime.
On Friday, the court will decide whether to allow prosecutors to
withdraw their resentencing motion. If that request is granted, the
judge also will decide whether to proceed independently with the
brothers' resentencing hearings, which are tentatively scheduled for
April 17 and 18.
The district attorney's opposition poses a major hurdle for the
brothers, whose path to resentencing was all but certain with Gascón's
support.
The family's relationship with Hochman also has soured. Most of the
brothers' extended family supports their resentencing. Milton Andersen,
Kitty Menendez's brother and the sole relative who opposed their
release, died last month.
Tamara Goodall, a cousin of the brothers, submitted a complaint with the
state asking that Hochman be removed from the case, citing his bias
against the brothers and alleging he violated a law meant to protect
victims' rights.
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This combination of two booking photos provided by the California
Department of Corrections shows Erik Menendez, left, and Lyle
Menendez. (California Department of Corrections via AP, File)
Hochman had a “hostile, dismissive and patronizing tone” in meetings
with the family and created an “intimidating and bullying
atmosphere," Goodall wrote.
In their response to the district attorney's motion to withdraw the
resentencing request, attorneys for the Menendez brothers questioned
whether Hochman had legitimate reasons for doing so or was
influenced by “a change of political winds.”
The attorneys pointed out that Hochman demoted Nancy Theberge and
Brock Lunsford, the two deputy district attorneys who filed the
original resentencing motion. Theberge and Lunsford have since filed
lawsuits against Hochman alleging harassment, discrimination and
retaliation for their work on the Menendez brothers case.
“The law requires fairness, not personal vendettas," Anamaria Baralt,
a cousin of the brothers, said in a statement. "Erik and Lyle have
not only taken responsibility, they’ve become the kind of men this
system is supposed to help create. If rehabilitation doesn’t matter
here, when does it?"
Hochman's office denied any political influence on their
decision-making in their reply and doubled down on the position that
Erik and Lyle Menendez “fabricated their self-defense claim” in the
murders of their parents and had not achieved full rehabilitation.
Without resentencing, the brothers would still have two other
pathways to freedom. They have submitted a clemency plea to
California Gov. Gavin Newsom, who has ordered the state parole board
to investigate whether the brothers would pose a risk to the public
if they are released. The parole board is scheduled to hold its
final hearings June 13.
The brothers also submitted a petition for habeas corpus in May 2023
asking the court to grant them a new trial in light of new evidence
presented. Hochman's office also filed a motion opposing the
petition.
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