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Menendez Brothers Seek DA’s Recusal Ahead of Resentencing Hearing

Lyle and Erik Menendez have taken steps to disqualify Los Angeles District Attorney Nathan Hochman from their upcoming resentencing hearing, as detailed in recent court filings.

At 57 and 54 years old, respectively, the Menendez brothers have spent 35 years behind bars following their conviction in the 1989 killings of their parents, Jose and Kitty Menendez. After a mistrial in 1993, they were found guilty in 1996 and sentenced to life without the possibility of parole.

Over the years, they have maintained their claims of self-defense, arguing that they acted out of fear for their own safety after enduring years of alleged abuse.

In October 2024, the former Los Angeles District Attorney, George Gascón, initiated a motion to reduce their sentences to 50 years to life, enabling immediate eligibility for parole. However, after losing his seat in the November election, Hochman retracted Gascón’s resentencing proposal.

In February, California Governor Gavin Newsom called for “Comprehensive Risk Assessments” in anticipation of potential sentence reductions for the brothers, as reported by Variety.

However, Judge Michael Jesic had yet to review these assessments prior to the scheduled resentencing hearing on April 17. Consequently, the two-day hearing was postponed to allow Jesic time to consider the reports, according to USA Today.

A new hearing is now set for May 9, during which the admissibility of the risk assessments will be debated.

On April 25, the Menendez brothers’ defense team submitted a motion to disqualify Hochman from the upcoming hearing.

Mark Geragos, their attorney, expressed concern over the potential conflict of interest, stating that while Hochman claims to have established barriers to manage ethical concerns, those barriers only protect the victims, who are in favor of the brothers’ release.

“The record shows a conflict that renders it unlikely Erik and Lyle can receive a fair resentencing hearing; recusal is proper,” the legal filing asserts. It points out that aside from Kitty Menendez’s brother, Milton Andersen, the family largely supports resentencing after nearly 35 years of incarceration.

The motion concludes by underscoring the brothers’ entitlement to a just resentencing process, emphasizing that all family members deserve fairness, regardless of their stance on the resentencing. It further argues that public confidence in the fairness of the judicial process is crucial and cautions that the DA’s actions could compromise an equitable outcome.

“The public is entitled to a process that appears fair. Because the actions here raise ‘a reasonable possibility that the DA’s office may not exercise its discretionary function in an evenhanded manner,’ recusal is required,” the motion states.

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Source
people.com