Menendez Brothers Search to Disqualify D.A. from Case to ‘Obtain a Honest Resentencing Listening to’

Lyle and Erik Menendez filed a movement to disqualify Los Angeles District Lawyer Nathan Hochman from taking part of their resentencing listening to, in line with courtroom paperwork obtained by PEOPLE.

Lyle, 57, and Erik, 54, have served 35 years in jail for the 1989 murders of their mother and father, Kitty and Jose Menendez. After a 1993 mistrial, they have been convicted in 1996 and sentenced to life in jail with out parole.

Since then, they’ve fought for many years to be launched from jail, claiming self-defense as a result of they feared for his or her lives after struggling by way of years of bodily and sexual abuse.

In October 2024, former Los Angeles District Lawyer George Gascón moved to cut back the brothers’ sentence to 50 years to life, which might make them instantly eligible for parole. Nonetheless, Gascón misplaced the November election to Nathan Hochman, who then withdrew his predecessor’s resentencing suggestion.

Months later, in February, California Gov. Gavin Newsom requested “Complete Threat Assessments” reviews as a step to cut back their sentences, in line with Selection. 

Nonetheless, Choose Michael Jesic had not reviewed the reviews earlier than the April 17 resentencing listening to. The 2-day listening to, scheduled for April 17 and 18, was placed on maintain once more to permit Jesic to learn the reviews, in line with USA At this time.

The brand new listening to is scheduled for Could 9 and can decide the admissibility of the reviews.

On April 25, the Menendez brothers’ authorized workforce filed a movement to disqualify Hochman from the upcoming Could 9 listening to.

“The DA admits they’ve a battle of curiosity and claims they constructed an moral wall. However the one folks walled off are the victims on this case who unanimously need the brothers launched and residential,” their legal professional, Mark Geragos, stated in an announcement to PEOPLE.

“The file reveals a battle that renders it unlikely Erik and Lyle can obtain a good resentencing listening to, recusal is correct,” the submitting states. All through the 160-page submitting, their authorized workforce recognized conflicts of curiosity involving Hochman and the one member of the family to oppose resentencing, Kitty Menendez’s brother, Milton Andersen. Hochman later appointed Andersen’s legal professional as his head of the Division of Sufferer Providers.

Nonetheless, the movement states that other than Andersen, the household has “shared their constant view that almost 35 years in jail was sufficient and Erik and Lyle ought to certainly be resentenced.”

“Erik and Lyle Menendez are entitled to a good resentencing course of. Jose and Kitty Menendez’s members of the family – no matter what place they take as to resentencing – are all entitled to a good sentencing course of,” the movement’s conclusion states. 

“The general public is entitled to a course of that seems truthful. As a result of the actions right here elevate ‘an inexpensive risk that the DA’s workplace might not train its discretionary perform in an evenhanded method’ and there’s a real danger that Erik and Lyle will ‘be handled unfairly throughout some portion of the …proceedings’ recusal is required.”

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