Menendez brothers case: DA asks court to withdraw resentencing motion, calls self-defense claims ‘lies’

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(LOS ANGELES) — Los Angeles County District Attorney Nathan Hochman said Monday he’s asking the court to withdraw the previous district attorney’s motion for resentencing for the Menendez brothers, calling the brothers’ claims of self-defense “lies.”

“We are prepared to go forward” with the hearing regarding their resentencing case, Hochman said at a news conference Monday. “However, we are asking the court to withdraw the previous district attorney’s motion for resentencing, because we believe there are legitimate reasons and the interests of justice justifies that withdrawal.”

The resentencing hearing is set for March 20 and 21.

The request to withdraw the resentencing motion is “based on the current state of the record and the Menendez brothers’ current and continual failure to show full insight and accept full responsibility for their murders,” Hochman said in a statement. “If they were to finally come forward and unequivocally and sincerely admit and completely accept responsibility for their lies of self-defense and the attempted suborning of perjury they engaged in, then the Court should weigh such new insight into the analysis of rehabilitation and resentencing — as will the People.”

Lyle and Erik Menendez are serving life without the possibility of parole.

In October, then-LA County District Attorney George Gascón announced he supported resentencing for the brothers. Gascón recommended their sentences of life without the possibility of parole be removed, and said they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.

The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.

Weeks after Gascón’s announcement, he lost his race for reelection to Hochman.

When Hochman came into office on Dec. 3, he promised to review all the facts before reaching his own decision. He said that effort included speaking to all the prosecutors and defense attorneys involved as well as reviewing thousands of pages of court filings, trial transcripts and confidential prison records.

Hochman’s announcement on Monday comes days after one of the brothers’ cousins, Tamara Goodell, slammed the DA in a letter to the U.S. Attorney’s Office Civil Rights Division.

Goodell accused Hochman of being “hostile, dismissive and patronizing” during two meetings in January with family members who want the brothers released. She said the “lack of compassion was palpable, and the family left feeling not only ignored but further intimidated and revictimized.”

Goodell wants Hochman removed and the case turned over to the attorney general’s office.

This case dates back to 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, shot and killed their parents, Kitty and Jose Menendez, in the family’s Beverly Hills home.

The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father. Prosecutors alleged they killed for money.

Their first trial ended in a mistrial. Lyle and Erik Menendez were convicted in 1996 following their second trial.

The brothers were sentenced to two consecutive life prison terms without the possibility of parole.

Besides resentencing, the brothers have been pursuing two other paths to freedom.

One is their habeas corpus petition, which they filed in 2023 for a review of two new pieces of evidence not presented at trial: a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse from his father, and allegations from a former boy band member who revealed in 2023 that he was raped by Jose Menendez.

Hochman announced in February that he’s asked the court to deny the habeas corpus petition, arguing the new evidence isn’t credible or admissible.

The third path to freedom is through the brothers’ request for clemency, which has been submitted to California Gov. Gavin Newsom.

On Feb. 26, Newsom announced that he’s ordering the parole board to conduct a 90-day “comprehensive risk assessment” investigation into whether the brothers pose “an unreasonable risk to the public” if they’re granted clemency and released.

“There’s no guarantee of outcome here,” Newsom said. “But this process simply provides more transparency … as well as provides us more due diligence before I make any determination for clemency.”

This is a developing story. Please check back for updates.

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