Menendez brothers back in spotlight as D.A. opposes resentencing

Los Angeles County District Attorney Nathan Hochman announced his opposition to resentencing Lyle and Erik Menendez, who have served three decades in prison for the 1989 murders of their parents in Beverly Hills.

In a motion filed with the L.A. Superior Court, Hochman moved to rescind former District Attorney George Gascón's recommendation that would have changed the brothers' sentences from life without parole to 50 years to life, potentially making them eligible for parole as youthful offenders since they committed the crimes when they were younger than 26.

"The Menendez brothers have continued to lie for over 30 years about their self-defense — that is, their purported actual fear that their mother and their father were going to kill them the night of the murders," Hochman wrote in the motion. "Also, over those 30 years, they have failed to accept responsibility for the vast number of lies they told in connection with that defense."

The district attorney's filing presents a less favorable analysis of the case facts and questions the validity of the brothers' self-defense claims. The motion details evidence of premeditation and the brothers' attempts to cover their actions after the killings.

During a news conference, Hochman emphasized the brothers lied to police immediately after the murders and created an alibi, even suggesting the killings were Mafia hits. The district attorney alleged they have never fully accepted responsibility for their actions.

The case dates back to 1989 when the Menendez brothers purchased shotguns with cash and fatally shot their parents, Jose and Kitty Menendez, while the couple watched a movie in their Beverly Hills mansion. According to prosecutors, Jose Menendez was struck five times, including in the back of the head, while Kitty Menendez crawled wounded on the floor before the brothers reloaded and fired a final, fatal shot.

The brothers were charged after Erik, who was 18 at the time, confessed to the killings to his therapist. During the trial, prosecutors argued the brothers killed their parents to gain access to their multimillion-dollar inheritance. At the same time, defense attorneys contended that years of violent sexual abuse by their father preceded the shootings, justifying the killings as self-defense.

After decades of incarceration, the Menendez brothers are pursuing multiple avenues for release, including clemency, resentencing, and a habeas corpus petition based on what they claim is new evidence challenging the prosecution's original narrative.

A petition filed in L.A. County Superior Court in 2023 pointed to a 1988 letter from Erik Menendez to his cousin, Andy Cano, stating he had been abused into his late teens. The petition also referenced allegations from Roy Rosselló, a former member of the boy band Menudo, who claimed he too had been raped by Jose Menendez.

Last month, Hochman announced his opposition to granting the brothers a new trial, stating the act of murder was the central issue in the conviction, not the sexual abuse allegations. He explained the brothers would have needed to demonstrate an imminent fear that their parents would kill them over the potential reporting of sexual abuse for the murders to constitute self-defense.

Hochman did not completely reject the possibility of resentencing then, saying he would revisit the issue in "the coming weeks." This announcement clarifies his position.

In a parallel development, Gov. Gavin Newsom recently directed the state parole board to conduct a risk assessment investigation to determine whether the Menendez brothers would pose an unreasonable risk to the public if released, a preliminary step in considering their clemency application submitted last year. Newsom stated he would make his decision after receiving the board's report, which is expected within 90 days.

The 1989 killings and the subsequent high-profile murder trials have inspired numerous documentaries, films, and a recent Netflix series, keeping public interest in the case alive decades later. Public discussions about how the sexual abuse claims were handled during the trials have prompted calls for the brothers' release.

The first trial resulted in hung juries for both brothers. In the second trial, allegations of abuse and supporting testimony were restricted, leading to convictions of first-degree murder for both Lyle and Erik Menendez.

Hochman's relationship with nearly two dozen Menendez family relatives who support the brothers' release has deteriorated since he took office last year. Last month, family members expressed concern upon learning Hochman had demoted and transferred the two attorneys who had argued for resentencing under former District Attorney Gascón.

Those lawyers, Nancy DeBerge and Brock Lunsford, have filed a notice of claim, a precursor to a lawsuit, alleging Hochman penalized them because he disagrees with their position on the case.

Tamara Goodell, a cousin who supports the brothers' release, filed a complaint last week with the California Department of Corrections and Rehabilitation and the United States Attorney's Office, claiming Hochman violated her rights as a victim under Marsy's Law, which serves as California's bill of rights for crime victims.

In her complaint, Goodell alleged when 20 members of the brothers' family met with Hochman in January, the district attorney maintained a "hostile, dismissive and patronizing tone" that "created an intimidating and bullying atmosphere, leaving us, the victims, more distressed and feeling humiliated."

"Rather than focusing on the trauma and concerns expressed by the family, DA Hochman shifted the meeting's focus onto himself, making it a lecture on how he was being personally treated rather than an opportunity to hear and respect the voices of the victims. The lack of compassion was palpable, and the family left feeling not only ignored but further intimidated and revictimized," she wrote.

Goodell's letter also expressed concerns about the involvement of Kathy Cady, the director of the Bureau of Victims' Services within the district attorney's office. Cady previously represented Milton Anderson, Kitty Menendez's brother, who opposed the brothers' release. Anderson died this month, according to his new attorney, R.J. Drieling.

In her complaint, Goodell requested Cady be barred from participating in the case, Hochman be reprimanded, and the attorney general take over the case to "ensure fairness and impartiality." Hochman has stated Cady has been "walled off" from any involvement in decisions regarding the brothers' fate, and her department has no role in resentencing or post-conviction matters.

Legal experts question what effect Goodell's complaint might have. Neither the CDCR nor the U.S. Attorney's Office has the authority to remove Hochman from the case. According to former federal prosecutor Laurie Levenson, the family would need to file a disqualification motion with a judge.

Levenson noted that by meeting with the family, Hochman fulfilled his obligations under Marsy's Law, which does not require him to be "enthusiastic" about the family's wishes.

Former federal prosecutor Neama Rahmani observed that while the letter provides insight into the meetings between the Menendez family and Hochman, the complaint is unlikely to prompt action from federal prosecutors.

"The feds aren't going to get involved in a state case to enforce a state law. And generally speaking, Marsy's Law allows victims to be heard, but there is no real enforcement mechanism," Rahmani said.