Menendez brothers' family blames LA County DA Hochman after their aunt is hospitalized
The family of Lyle and Erik Menendez are blaming Los Angeles County District Attorney Nathan Hochman as their aunt was hospitalized after seeing graphic crime scene images during a court session on Friday.
"We are devastated to share that Terry Baralt – who is a mother, an aunt to many of us, and José Menendez's sister – has been hospitalized and is in critical condition following the Los Angeles District Attorney's Office's cruel and careless conduct in court," the statement said.
They say that prosecutors displayed a graphic image of her brother's body without warning, which "retraumatized family members" who were in attendance.
"No one prepared us. There was no warning, no humanity – just shock and pain inflicted on people who have already endured decades of grief. Terry, who is battling cancer, came to court to support her family," the family's statement said. "No physical pain has ever kept her from being there for her nephews. But the display put on by the DA's office pushed her past the brink."
Their lawyer, Bryan Freedman, is now alleging that the display was a violation of the family's rights under
Marsy's Law
, which requires that victims be treated fairly and with respect and empathy.
"What happened was the opposite," the family said. "The display was retraumatizing, completely avoidable, and we believe it was intentional. The District Attorney's Office knew what the law required and deliberately chose to ignore it."
They allege that Deputy District Attorney Habib Ballan did not apologize for showing the image, but rather treated them and their attorneys with "staggering" disrespect, and that it's part of a "disturbing pattern we've come to expect." They also claim to have been repeatedly treated with "aggression and disdain" by Hochman .
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The family further noted that their forgiveness for Erik and Lyle does not "erase" the grief they have suffered in the years since the killings.
Erik and Lyle Menendez
shot and killed their parents
, José and Kitty, in 1989. The brothers have admitted to their murders, but continue to fight their lifetime sentences, alleging that they suffered years of abuse and that the act was one of self-defense. The pair have remained behind bars for three decades. Last year, former LA County District Attorney George Gascón
filed a motion in favor of their resentencing
and granting them the possibility to be paroled.
Friday's hearing was scheduled after Hochman, who took office following his election in November, asked a judge to withdraw the motion for resentencing after he reviewed the case. Ultimately, the
judge ruled in the Menendez's favor
, allowing the resentencing hearing to move forward.
"We are taking formal action and demanding that the District Attorney's Office be removed from this case," the family statement said. "They have shown again and again that they are incapable of handling this process with the fairness, care, or neutrality required by law. Instead, they have been determined to make this personal, and they have."
The District Attorney's Office shared a statement on Sunday afternoon.
"We never intend to cause distress or pain to individuals who attend a court hearing. We understand the nature of the evidence of these heinous double murders was deeply emotional," the statement read, in part. "However, by design, these hearings are intended to be a place where the truth, no matter how painful, is brought to light. That truth starts with the abject brutality and premeditation of the murders themselves."
The statement continued to say, "To the extent that the photographic depiction of this conduct upset any of the Menendez family members present in court, we apologize for not giving prior warning that the conduct would be described in detail not only in words but also through a crime scene photo. ... We remain committed to ensuring future proceedings move forward with the dignity, respect and transparency this case deserves. We caution anyone attending a hearing in person to be prepared for some of the difficult details and images surrounding these tragic circumstances."
The resentencing hearing is scheduled to continue on Friday, April 18.
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