Menendez Brothers Drop Effort To Boot DA, Resentencing Fast-Tracked

VAN NUYS, CA — Attorneys for Erik and Lyle Menendez Friday withdrew their motion asking that the Los Angeles County District Attorney's Office be removed from the brothers' case, saying they want to expeditiously move forward with their bid to have the pair re-sentenced and possibly be released from state prison.

The brothers watched Friday morning's hearing via video from the San Diego prison where they are both are serving life prison terms without the possibility of parole for the 1989 shotgun killings of their parents in the family's Beverly Hills mansion.

Superior Court Judge Michael Jesic scheduled the hearing on the defense re-sentencing motion to be held next Tuesday and Wednesday.

Attorneys for Erik Menendez, 54, and his older brother, Lyle, now 57, had contended in a recent court filing that "absent recusal (of the District Attorney's Office), a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair treatment through all related proceedings."

In a court filing this week, Assistant Head Deputy Habib Balian and Deputy District Attorneys Seth Carmack and Ethan Milius countered, "In this case, there is absolutely no evidence or articulable explanation for any impermissible bias, let alone a conflict of interest."

But in court Friday, the brothers' defense team dropped its bid to have the D.A.'s office removed from the case, saying they did not want any more delays in the re-sentencing hearing.

"We have not wanted to waive time," defense attorney Mark Geragos said, noting that District Attorney Nathan Hochman was in the Van Nuys courtroom for the hearing.

Hochman again asked Jesic to withdraw an earlier prosecution motion that was filed under previous D.A. George Gascón's administration in support of the brothers being re-sentenced. The judge again denied that request, saying that "nothing's really changed."

Hochman — who spoke on behalf of the prosecution for the bulk of the hearing — opposes re-sentencing for the brothers, arguing they have not "accepted complete responsibility for their actions." He maintained in court that his decision was not based on a "political whim."

"... Right now, they are not in a position where we would advocate for re-sentencing," Hochman told the judge.

Geragos argued that the district attorney presented information in court about a recently completed psychological assessment of the brothers "in violation of the rules and regulations." He called Hochman's courtroom presentation a "dog and pony show," and cited what he called "extraordinary rehabilitation" by the brothers.

The brothers have spent about 35 years behind bars for the Aug. 20, 1989, shotgun killings of their parents, Jose and Mary Louise "Kitty" Menendez. The Menendez brothers claim the killings were committed after years of abuse, including alleged sexual abuse by their father.

In a 2023 court petition, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers' allegations of long-term sexual abuse at the hands of their father -- a letter allegedly written by Erik Menendez to his cousin Andy Cano in early 1989 or late 1988, and recent allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, that he too was sexually abused by Jose Menendez as a teenager.

Defense attorneys are hoping to win a reduced sentence for the brothers, possibly allowing them to either be released immediately or at least eligible for parole consideration.

Outside court, the district attorney said that allegations made in court by Geragos, and the family's attorney, Bryan Freedman, that Hochman had hired a public relations firm to put anti-Menendez messages out in the community were "spurious and salacious accusations." The district attorney said the P.R. firm has not done any work for him since he was elected last November, adding that the firm "hasn't put out any anti-Menendez messaging."

Geragos countered outside court that Hochman's decision to speak on behalf of the prosecution during the court hearing "shows the degree of involvement and how personal it is."

He said the defense has the "utmost faith in Judge Jesic to do the right thing."

Meanwhile, state parole boards are set to conduct separate hearings June 13 for the brothers, then send their reports to Gov. Gavin Newsom to help him decide whether the two should receive clemency.

Interest in the Menendez case surged following the release of a recent Netflix documentary and dramatic series.

The governor said previously that with the exception of brief clips on social media, he has not watched dramatizations of the Menendez case or documentaries on it "because I don't want to be influenced by them."

"I just want to be influenced by the facts," Newsom said.

By TERRI VERMEULEN KEITH, City News Service