Judge in Menendez brothers case expected to consider removal of LA County DA, parole board's risk assessment
The judge in the Menendez brothers case is expected to make a decision on Friday on whether Los Angeles County District Attorney Nathan Hochman should remain on the case and if a parole board's risk assessment should be allowed.
On April 17, Judge Michael Jesic said the court needed to evaluate whether a comprehensive risk assessment report conducted by the parole board could be used during proceedings. Before the hearing, Los Angeles County District Attorney Nathan Hochman filed a motion to delay it after his office was sent a copy of the report.
Ted Soqui/Sygma via Getty Images
During the hearing, the Menendez brothers' attorney Mark Geragos said he had not seen the report and argued it shouldn't be used due to executive privilege and lack of finality. Geragos accused the district attorney's office of "showboating and crossing the line" several times throughout the case.
Habib Balian, representing the DA's office, told the judge that when they received the risk assessment, they were unaware if it was bound by executive privilege and assumed that all parties in the case could access it. Balian said that the hearing is supposed to assess risk and assumed the court would want to do that comprehensively.
The hearing was able to take place after Jesic ruled in favor of the Menendez brothers, declining Hochman's request to have former DA George Gascón's resentencing motion withdrawn. Hochman has made several claims that Gascón's motion did not thoroughly consider whether the brothers had taken full responsibility for their crimes.
Erik and Lyle are currently serving life sentences in prison without the possibility of parole for the 1989 murders of their parents, Kitty and Jose Menendez. The brothers have admitted to the killings but allege they did it in self-defense after being victims of years of physical, emotional and sexual abuse.
Attempts to remove DA Hochman from case
Last month, Geragos filed a recusal motion attempting to get Hochman removed from the case.
Court documents 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."
The Menendez brothers' attorneys believe Erik and Lyle would not receive a fair resentencing hearing if Hochman were leading the prosecution's case. The attorneys believe the DA has a conflict of interest that should lead to his disqualification.
The DA's office filed opposition to the recusal motion.
"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."
California Attorney General Rob Bonta said Hochman should remain on the case
Family members of the brothers have also claimed 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.
Parole board's risk assessment of Menendez brothers
The parole board's risk assessment was done after Gov. Gavin Newsom ordered it. The brothers have attempted to gain freedom through clemency from the governor.
Newsom said he would not make a decision until after the report was completed and that it would provide an understanding of their conduct while incarcerated and "what they've done since the offense as it relates to rehabilitation and treatment programs," as well as "whether they have contributed to their own rehabilitation."
Menendez brothers fight for freedom
The Menendez brothers' case gained renewed interest after two different Netflix specials were released. Ryan Murphy's drama series "Monsters: The Lyle and Erik Menendez Story" and "The Menendez Brothers" docu-series resurfaced their stories.
Around the same time, the specials came out, then DA Gascón announced his support for their bid for clemency. Attorneys for the brothers submitted a request for clemency to Gov. Gavin Newsom. Gascón also sent letters of support to the governor.
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