By JAIMIE DING, Related Press

LOS ANGELES (AP) — Attorneys for Erik and Lyle Menendez, who have been convicted of killing their dad and mom in 1989, will make their case to a decide Friday that Los Angeles prosecutors needs to be faraway from the brothers’ resentencing case.

The brothers have been sentenced in 1996 to life in jail with out the potential for parole for fatally capturing their leisure government father, Jose Menendez, and mom, Kitty Menendez, of their Beverly Hills residence. The brothers have been 18 and 21 on the time of the killings. Protection attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, whereas prosecutors stated the brothers killed their dad and mom for a multimillion-dollar inheritance.

Former LA County District Legal professional George Gascón had opened the door to potential freedom for the brothers in October by requesting their sentences be decreased to 50 years with the potential for parole. His workplace stated the case would’ve been dealt with in another way right this moment attributable to fashionable understandings of sexual abuse and trauma, and that the brothers had rehabilitated throughout their 30 years in jail.

However present district lawyer Nathan Hochman has reversed course and opposes the brothers’ resentencing. Hochman has stated the brothers haven’t taken full duty for his or her crimes as a result of they haven’t admitted to lies advised throughout their trials. The Menendez household and legal professionals have been closely vital of the way in which Hochman has dealt with the case.

Los Angeles County District Legal professional Nathan Hochman speaks exterior of courtroom earlier than a listening to within the case of Erik and Lyle Menendez Thursday, April 17, 2025, in Los Angeles. (AP Photograph/Damian Dovarganes)

Hochman’s workplace filed a movement to oppose his elimination from the case, dismissing the protection’s issues as merely “not being happy” with prosecutors’ opinion on resentencing.

“Disagreeing with the opposing side’s position is not a conflict of interest, it is simply a disagreement,” it stated.

Whereas Hochman’s conduct is the main focus of protection attorneys’ petition, they need the case completely faraway from the Los Angeles district lawyer’s workplace, during which case the state lawyer common’s workplace would normally step in.

Nonetheless, California Legal professional Common Rob Bonta filed a movement this week siding with Hochman, saying the protection had not adequately demonstrated a battle of curiosity.

Laurie Levenson, a former federal prosecutor and professor of prison regulation at Loyola Regulation College in Los Angeles, stated a majority of these recusal requests are “almost never” granted.

“Defendants don’t usually get to pick their prosecutors,” she stated. “Occasionally an individual prosecutor will be recused, but to recuse an entire office is very rare.”

Typically, this solely occurs if a prosecutor’s private member of the family is concerned or if the district lawyer’s workplace obtained exterior cost in a case, Levenson stated.

Throughout long-awaited resentencing hearings final month, attorneys engaged in a heated debate over whether or not materials from threat assessments accomplished by the state parole board on the governor’s order needs to be admissible in courtroom. The hearings have been delayed, and the brothers’ lead lawyer Mark Geragos stated he would transfer to recuse Hochman from the case.

In a movement filed April 25, Geragos argued that Hochman’s bias in opposition to the brothers and mistreatment of the Menendez household posed a “genuine risk” the brothers wouldn’t obtain a good listening to.

Legal professional Mark Geragos, heart, representing Erik and Lyle Menendez, who have been sentenced in 1996 to life in jail with out the potential for parole for fatally capturing their dad and mom, speaks to the media exterior of courtroom after a resentencing listening to of their case, Thursday, April 17, 2025, in Los Angeles. (AP Photograph/Damian Dovarganes)

He pointed to Hochman’s demotion of Nancy Theberge and Brock Lunsford, the 2 deputy district attorneys who filed the unique resentencing movement. Theberge and Lunsford have since filed lawsuits in opposition to Hochman alleging they have been punished for his or her work on the Menendez case.

Hochman additionally employed Kathleen Cady, who represented Milton Andersen, the one Menendez member of the family who opposed the brothers’ resentencing on the time, to move his Workplace of Sufferer Providers. Andersen died in March.

Geragos stated nobody from the sufferer providers workplace had ever reached out to the Menendez household to supply assist. In mid-April, each Cady and Hochman have been current at a corporation’s rally to sentence the Menendez brothers’ resentencing, he stated.

Lastly, Geragos stated the district lawyer’s workplace had violated Marsy’s Regulation, which ensures victims in California are handled with equity and respect.

Menendez cousin Tamara Goodell filed a criticism with the U.S. Legal professional’s Workplace during which she wrote Hochman used a “hostile, dismissive, and patronizing tone” that left the household “distressed and feeling humiliated.”

Hochman’s movement stated the protection had not offered any proof that hiring Cady, a seasoned prosecutor and lawyer, prevented his workplace from treating the Menendez brothers pretty, and that the reassignments of Theberge and Lunsford have been “internal staffing decisions.”

Marsy’s Regulation additionally doesn’t give victims the appropriate to hunt the elimination of a prosecutor, the movement stated.

Initially Printed: Could 9, 2025 at 7:48 AM EDT