Los Angeles County DA Nathan Hochman calls Menendez brothers' recusal motion "drastic and desperate"
Los Angeles County District Attorney Nathan Hochman says that his office has filed opposition to the recusal motion that was filed by the Menendez brothers, which seeks to remove the DA from the case.
The attorneys who represent the brothers filed the motion last week and requested that Hochman no longer oversee their quest for resentencing. The filing said the motion was being 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."
They allege that the Menendez's will not receive a fair resentencing hearing with Hochman at the helm due to a conflict of interest that should lead to his disqualification.
"In the opposition, the District Attorney's Office has argued that in a 'drastic and desperate step,' the defense has decided to 'sidestep the central issue of resentencing' and present an argument 'devoid of merit' to recuse the entire District Attorney's Office," said a statement from Hochman on Friday. "The entire defense argument over recusal boils down to the defense not being happy with the current District Attorney's position on resentencing. While this desperate argument may work in a press interview, it fails in a court of law based on an adversarial system of justice."
Hochman has vocally opposed the decision of his predecessor, George Gascón, who announced his support in their bid for clemency during his time in office.
He says that the former DA's motion did not thoroughly consider if the brothers, Erik and Lyle, had taken full responsibility for their crimes. They were convicted of killing their parents, Kitty and Jose, in 1989. The brothers have admitted to the killings but claim they did it in self-defense, after suffering years of physical, emotional and sexual abuse.
"Our position on resentencing is not yet, rather than never, as it depends on the Menendez brothers finally coming clean after 30 years with all the crimes, lies, deceits, and cover-up they engaged in and refuse to renounce," Hochman's statement further noted. "From lying about their claims of self-defense to trying to get friends to lie about their father being a violent rapist of one of the brother's girlfriends or the mother trying to poison the family, these continuous lies demonstrate that the Menendez brothers have not shown full insight into their crimes, have not been rehabilitated, and continue to constitute a risk of danger to society."
Last month, Hochman filed for a continuance that delayed what was scheduled to be their resentencing hearing. He has previously requested that the resentencing motion be withdrawn, but an LA County judged ruled that it could proceed as scheduled.
Family members of the Menendez brothers say that Hochman has treated them with "aggression and disdain" since taking office, and in April they blamed him for the hospitalization of one of the brothers' aunts, who was "retraumatized" by prosecutors showing graphic images of the crime scene.
The case is due back in court on May 9.
The Menendez brothers' story stormed back into headlines last year when two different Netflix specials detailing the events were released. At the same time, Gascón announced his support.
