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Menendez Brothers’ Resentencing Case Faces New Legal Challenge
The attorney for convicted murderers Erik and Lyle Menendez has initiated a motion to disqualify Los Angeles County District Attorney Nathan Hochman and his office from their resentencing proceedings. This legal action, filed by attorney Mark Geragos and his colleagues, cites a potential “conflict of interest.”
The motion is currently under review by Los Angeles County Superior Court Judge Michael Jesic, who is overseeing the case. The Menendez brothers are serving life sentences without the possibility of parole for the murder of their parents in 1989 and are now seeking reduced sentences.
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The next court hearing is scheduled for May 9.
In the motion, Geragos asserts that “this motion is brought under the constitutions of the United States and the State of California as well as California Penal Code 1424, and is made on the grounds that, absent recusal, a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair treatment through all related proceedings.” Should the court not grant the disqualification, Geragos plans to request an evidentiary hearing to demonstrate the existence of a conflict of interest, intending to call Hochman and others as witnesses.
The crux of the motion revolves around a new attorney appointed by Hochman within his office. Last October, former District Attorney George Gascon indicated he was considering a resentencing request for the Menendez brothers. Following this announcement, more than 20 family members in favor of the resentencing met with deputy district attorneys Nancy Theberge and Brock Lunsford, while Milton Andersen— the one family member opposing the resentencing—filed an amicus brief through his attorney, Kathleen Cady.
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After winning the election and succeeding Gascon on November 5, 2024, Hochman began reshaping his office by appointing individuals who were against the resentencing of the Menendez brothers, according to the motion. Geragos claims that Hochman intentionally transferred Theberge and Lunsford, seen as sympathetic to the Menendez case, to different roles. Furthermore, he appointed Cady, who opposed the resentencing as the representative for Andersen, to oversee the District Attorney’s Office of Victims’ Services, despite acknowledging her conflict in the case.
The motion alleges that Cady’s conflict extends beyond the courtroom; she is a board member of Justice For Murdered Children, an organization that organized a rally headlined by Hochman on April 13, during which the group criticized the Menendez brothers’ potential resentencing.
The document also mentions that Cady failed to communicate with Menendez family members in her role, neglecting to inform them about graphic material related to the murder that was to be presented at a hearing on April 11, which is highlighted as a violation of victims’ services law.
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Erik and Lyle Menendez were convicted for the murders of their parents, Mary “Kitty” Menendez and Jose Menendez, which they claim were influenced by years of sexual abuse from their father. Their first trial in 1994 ended without a verdict, while the subsequent trial in 1996 resulted in their conviction. The brothers have spent over 35 years in prison.
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