Judge to Decide on DA’s Removal from Menendez Brothers’ Resentencing Case

A judge is expected to make a ruling on Friday regarding the attempt to remove Los Angeles County’s top prosecutor from the case involving Erik and Lyle Menendez, who are seeking reduced prison sentences. The Menendez brothers were convicted in 1996 for the shotgun murders of their parents, José and Kitty Menendez. Their defense team has alleged bias on the part of the district attorney, prompting this legal challenge.

Los Angeles County Superior Judge Michael Jesic will also decide if a “risk assessment” can be included as evidence in the brothers’ resentencing hearing. This assessment, conducted by prison and parole officials, evaluates the potential risk the brothers could pose to society if released. It is part of a separate clemency request that the brothers submitted to California Governor Gavin Newsom.

The Menendez brothers are serving life sentences without the possibility of parole for the murders they claim were committed in self-defense. Prosecutors describe the killings as premeditated and financially motivated. The first trial ended in a hung jury, but a second trial led to their conviction.

The resentencing effort has garnered support from former Los Angeles County District Attorney George Gascón, who described the brothers as model prisoners with significant contributions during their incarceration. Their family members, along with some public figures, have advocated for their release, highlighting the brothers’ achievements, including educational pursuits and community projects. However, the current District Attorney Nathan Hochman opposes the resentencing, citing unresolved claims by the brothers regarding the nature of the killings.

After the defense filed a motion to disqualify Hochman’s office, the legal proceedings faced delays, leading to concerns about conflicts of interest within the prosecutor’s office. The outcome of the judge’s ruling may significantly impact the future of the Menendez brothers, as it could determine their eligibility for parole.