LOS ANGELES (AP) — On Friday, a judge is expected to make a crucial decision regarding the resentencing of Erik and Lyle Menendez, convicted of murdering their parents, amidst political shifts in the Los Angeles district attorney's office. The new district attorney, Nathan Hochman, has opposed the brothers’ release after 30 years behind bars, complicating their path toward potential leniency.
Erik and Lyle Menendez were sentenced to life in prison without the possibility of parole when they were just 18 and 21 years old after they were found guilty of killing their parents, Jose and Kitty Menendez, in their Beverly Hills home in 1989. The defense maintained that the brothers acted out of self-defense following years of sexual abuse by their father; conversely, prosecutors contended they committed the murders to claim a multimillion-dollar inheritance.
The previous district attorney, George Gascón, who had a progressive stance on criminal justice, sought resentencing for the Menendez brothers before losing reelection in November. Gascón’s motion aimed to reduce their sentence to 50 years to life, enabling them to gain eligibility for release owing to the fact that the crime occurred when they were under 26 years old under California law.
However, in a recent development, Hochman filed a motion to withdraw Gascón's request for resentencing, citing his opposition based on the brothers not having taken full responsibility for their actions and their failure to admit to earlier misrepresentations concerning the case. Hochman’s stance represents a significant setback for the Menendez brothers, whose chances for resentencing appeared promising under Gascón’s administration.
A key aspect of the court proceedings will involve determining whether prosecutors can indeed withdraw their resentencing motion. If the request is approved, the judge will still consider whether to independently move forward with the resentencing hearings that are tentatively set for April 17 and 18.
The family dynamics surrounding the Menendez brothers have also evolved, particularly with respect to Hochman. Most of their extended family members support the resentencing, while the opposition has come primarily from Milton Andersen, Kitty Menendez's brother, who passed away last month. This has further fueled grievances against Hochman, as Tamara Goodall, a cousin of the brothers, has lodged a complaint with state authorities, alleging political bias and violations surrounding victims’ rights.
In their formal response to Hochman's motion, the Menendez brothers’ legal team questioned the legitimacy of his reasons for withdrawing support, suggesting that his decision may have been swayed by shifting political sentiments. They highlighted that two deputy district attorneys associated with the original resentencing motion had been demoted and had since initiated lawsuits against Hochman, claiming claims of harassment and retaliation.
In a statement, Anamaria Baralt, a cousin of the Menendez brothers, remarked on the importance of fairness within the legal framework, emphasizing that the brothers have made considerable strides toward rehabilitation. In contrast, Hochman's office has maintained that their stance is rooted in the belief that Erik and Lyle fabricated their self-defense claims and have not demonstrated true rehabilitation.
Even with the opposition to resentencing, the Menendez brothers have two alternative paths toward possible freedom. They have submitted a clemency request to California Governor Gavin Newsom, who has called for a state parole board investigation to assess the potential risk the brothers may pose if released. Parole board hearings are slated for June 13.
Additionally, the brothers filed a petition for habeas corpus in May 2023, which seeks a new trial based on newly presented evidence. Hochman’s office has also voiced opposition to this petition, adding layers of complexity to the brothers’ ongoing legal battles.
