Menendez Brothers "shouldn't get out of jail," LA County DA Nathan Hochman says
Los Angeles County District Attorney Nathan Hochman announced Monday that his office is prepared to go forward with the court's initiated resentencing hearing in the Menendez brothers' case and maintained his position that they "shouldn't get out of jail."
At a news conference, Hochman said he is asking the court to withdraw former DA George Gascón's prior resentencing motion.
"The basis for that request is that the prior motion did not examine or consider whether the Menendez brothers have exhibited full insight and taken complete responsibility for their crimes by continuing for the past over 30 years to lie," Hochman said.
During the news conference, Hochman listed examples of lies he alleges the brothers have never admitted to telling.
According to court documents, Hochman cited the Sirhan Sirhan case in which Gov. Gavin Newsom denied parole to Sirhan Sirhan, the murderer of Robert F. Kennedy. Hochman said that even though the parole board had recommended parole based on the fact that Sirhan Sirhan has spent over 50 years behind bars, was in his late 70s and had a troubled and violent upbringing, Newsom still denied the request. Hochman said in that case Newsom determined Sirhan Sirhan posed an unreasonable risk of danger to the community.
Hochman told reporters that the brothers have failed to show that they are no longer a danger to the public.
"Our position is that they shouldn't get out of jail. Ultimately, that is a position, we bring that position to the court," Hochman said.
He emphasized that the court's decision to resentence is "profound" since they could potentially be changing a life sentence without the possibility of parole. He said the sentence has previously been upheld by five different appellate courts.
Last month, Hochman opposed a new trial, asking a judge to deny the brothers' habeas petition requesting a vacating of their convictions and a new trial in their quest for early release. The habeas petition filed in May 2023 cited what lawyers described as two new pieces of evidence backing the brothers' allegations of abuse, including a 1988 letter written by Erik Menendez, which alludes to sexual abuse by his father.
California Gov. Gavin Newsom has ordered the state parole board to conduct a risk assessment of the brothers to determine whether they pose a risk to public safety.
Newsom said he expects to receive the board's report within 90 days, which will help determine whether he decides to grant clemency. The parole board's report is the first step in a longer process toward a chance at clemency.
Lyle and Erik Menendez have been serving sentences of life in prison without the possibility of parole for the August 1989 murder of their parents, Jose and Kitty Menendez, who were shot in the family's Beverly Hills home. They admitted to the killings, claiming fear and self-defense after a lifetime of physical, emotional, and sexual abuse suffered at the hands of their parents.
In 1996, a jury convicted them of first-degree murder. They have spent over 35 years behind bars.
Hochman said earlier that the credibility of the alleged new evidence had been called into question since, he said, the brothers lied throughout the investigation. He also said that the question of whether they were sexually abused is not a determinant of whether they are guilty of murder.
"The jury was not asked to decide if the Menendez brothers were sexually abused by their father and their mother failed to stop it, only if the Menendez brothers committed these murders willfully, deliberately and with premeditation or in self-defense," reads the DA's informal response to the habeas petition filed Feb. 21.
The brothers' resentencing hearings are scheduled to take place on March 20 and 21.
Family members oppose Hochman's stance on case
The Justice for Erik and Lyle Coalition, which is led by several family members of the brothers, have been advocating for their release.
"District Attorney Hochman made it clear today he is holding Erik, Lyle, and our family hostage. He appears fixated on their trauma-driven response to the killings in 1989 with blinders on to the fact they were repeatedly abused, feared for their lives, and have atoned for their actions. How many times do we have to hear the same attempts to bury who they are today and rip us back to that painful time," the coalition said in a statement in response to Hochman's announcement Monday.
The statement continued to say that they feel Hochamn has broken his promise to listen to them.
Family members of the Menendez brothers criticized Hochman's trial opposition last month. They said they are "incredibly grateful" Gov. Gavin Newsom has taken a step toward clemency after he ordered the state parole board's risk assessment.
"For our family, it is a huge sigh of relief that someone in a seat of power is paying attention to what we have seen up close since Erik and Lyle have been incarcerated," their cousin, Annamaria Baralt, said during a Zoom call with reporters.
