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Menendez brothers resentencing battle heats up as Los Angeles judge weighs risk

Menendez brothers resentencing battle heats up as Los Angeles judge weighs risk

Fox News09-05-2025

incoming update…
The resentencing hearing for Lyle and Erik Menendez was originally set to continue in April 2025 but was unexpectedly delayed due to unresolved legal disputes.
The brothers' defense team sought to disqualify the Los Angeles County District Attorney's Office from the case, citing alleged bias and a conflict of interest. The DA's office, led by Nathan Hochman, called the move a 'desperate argument.'
"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," Hochman said. "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."
Erik and Lyle Menendez's state parole board risk assessment also remains central to the delayed hearing. California Gov. Gavin Newsom ordered the test to determine an inmate's potential risk to public safety if released.
Los Angeles Superior Court Judge Michael Jesic said that the discussions over the admissibility of the state parole board's comprehensive risk assessments will be considered on Friday.
Both issues caused the hearing to come to a screeching halt and begin proceedings for Friday, May 9.
On the eve of a critical hearing that could reshape the future of killer brothers Erik and Lyle Menendez's legal journey, the family behind the Justice for Erik and Lyle Coalition called for the recusal of the Los Angeles District Attorney's Office.
The family coalition has been vocal about what they describe as a pattern of overreach by the DA Nathan Hochman's office.
'The issue is not about what the [risk assessment] contains or how District Attorney Hochman chooses to characterize Erik and Lyle
,' the family wrote in a statement obtained by Fox News Digital. 'We know who they are, how much they've grown, how remorseful they are… The issue is that the DA once again tried to box us in and put the cart before the horse.'
Their frustrations came to a head last month, when Hochman held a press conference speaking publicly about a draft risk assessment (CRA) tied to the Menendez brothers.
They likened the situation to 'walking into a job interview and finding out your therapy notes had already been shared with the employer.'
The Menendez family coalition argued that the DA's office has exhibited a pattern of behavior to 'tilt the scales of justice.'
One family member, however, objected to the resentencing and filed an amicus brief in opposition through his attorney, Kathleen Cady.
More than three decades after Lyle and Erik Menendez were convicted of murdering their parents in a case that captivated the nation, the brothers are once again at the center.
In 1989, the Menendez brothers shot and killed their parents, José and Kitty Menendez, in their Beverly Hills mansion. The prosecution painted the brothers as spoiled heirs. The defense, led by attorney Leslie Abramson, argued they acted out of desperation after enduring years of abuse at the hands of their father.
Despite a highly publicized trial, which included two hung juries, they were ultimately sentenced to life in prison without the possibility of parole.
The pair surged back into the spotlight when, in October 2024, Netflix released a true-crime documentary titled The Menendez Brothers, and in September 2024, the series Monsters: The Lyle and Erik Menendez Story reignited interest in the case.
The series sparked renewed debates of alleged child abuse and the fairness of their initial trial. The timing came as former DA George Gascón opened the door for clemency.
However, the Los Angeles District Attorney's Office, now led by Nathan Hochman, has opposed this effort, claiming the brothers still haven't accepted full responsibility for their actions.
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