Los Angeles County District Attorney Nathan Hochman has filed a request to withdraw a motion filed by his predecessor that supported a resentencing for Erik and Lyle Menendez. Speaking to reporters at a March 10 press conference, Hochman said the brothers have failed to come clean about a motive or show self-reflection that would warrant a resentencing. The brothers were sentenced to life without parole in 1996 for the 1989 murders of their parents, Jose and Kitty Menendez, in Beverly Hills.
A motion in support of resentencing the brothers was filed last fall by former District Attorney George Gascón. The decision by Gascón was a contentious one during his 2024 reelection bid, in which he was ultimately unseated by Hochman.
Hochman said during the press conference that the brothers have not addressed false statements made during the murder investigation and following trials. “As a full examination of the record reveals, the Menendez brothers have never come clean and admitted that they lied about their self-defense as well as suborned perjury and attempted to suborn perjury by their friends for the lies, among others, of their father violently raping Lyle’s girlfriend, their mother poisoning the family, and their attempt to get a handgun the day before the murders.”
In papers filed with the court the same day as the press conference, the DA’s office stated, “While the People are prepared to go forward with a hearing on the Court’s initiation of resentencing if the Court deems it appropriate to do so, the People request to withdraw their motion for resentencing based on multiple ‘legitimate reasons’ after a thorough and extensive review of the record.”
In an interview with “Today,” Mark Geragos, attorney for the Menendez brothers, questioned Hochman’s legal standing to rescind the previous motion. “He can say he wants to withdraw. It isn’t his decision. All that was grandstanding,” said Geragos, referring to the Hochman press conference. He added, “There’s a case that says you can’t withdraw unless you show certain factors. And [the District Attorney’s Office] hasn’t talked about any of those factors.”
Geragos also said that Hochman is mischaracterizing the brothers’ legal arguments. “He keeps saying they were claiming self-defense. They were not claiming self-defense. They were claiming what was called ‘imperfect self-defense.'” He added, “The first jury did not convict. That was a hung jury. Then the judge took away imperfect self-defense. He basically directed a verdict the second time around.”
The same day as the press conference, family members of Erik and Lyle Menendez released a statement that criticized Hochman’s comments during the press conference, saying, “Let’s be clear: Erik and Lyle are not the same young boys they were more than 30 years ago. They have apologized for their actions, which were the results of Jose’s sexual abuse and Kitty’s enablement. They have apologized for the horrific actions they took. They have apologized to us. And, they have demonstrated their atonement through actions that have helped improve countless lives. Yet, DA Hochman is effectively asking for them to publicly apologize for a checklist of actions they took in a state of shock and fear. “
On March 12, Governor Gavin Newsom spoke about the case in his recently launched podcast, “This is Gavin Newsom.” “The DA now, the new DA, is pulling back recommending from the Menendez brothers to be resentenced …” He continued, “It doesn’t impact the processes underway, that review for clemency in my office or the independent risk assessment that will be concluded on June 13 by the Board of Parole Hearings. And I’ll repeat that, on June 13, both Lyle and Eric Menendez independently will have their final hearing.”
Last week, Newsom announced that both brothers will first undergo an independent risk assessment designed to determine if the two would be “an unreasonable risk to the public” if released. Newsom said Hochman’s announcement was “very significant,” but that “it doesn’t fundamentally change the facts as it relates to the independent investigation in my office or the Board of Parole hearings.”
