Los Angeles County District Attorney Nathan Hochman’s opposition to the release of Erik and Lyle Menendez is motivated by political self-interest not legal reasoning as case law requires, the brothers’ attorneys argued in a new court filing Tuesday.
The brothers were convicted in the 1989 shotgun murders of their parents, Jose and Kitty Menendez, in their Beverly Hills home. They were sentenced to life in prison without the possibility of parole.
The case has attracted renewed international attention following the release of two documentaries and a drama based on the murders.
In October, shortly before the election, former District Attorney George Gascón recommended the brothers be resentenced under a California law that allows resentencing if it’s “in the interest of justice.” Resentencing would make them eligible for parole.
“I believe that they have paid their debt to society,” Gascón said.
Hochman defeated Gascón in the November election and withdrew that recommendation last month.
Hochman charts a new course
In their court filing, the Menendez brothers’ attorneys note Hochman — within days of being sworn in — fired one of the lawyers Gascón had assigned to work on the case and transferred another. Hochman replaced them with attorneys who would eventually recommend against resentencing.
The district attorney also appointed the lawyer representing the lone Menendez family member who opposes the brother’s release to a high-level position in the office.
This happened before Hochman began his review of the case.
“Were these decisions based on proper ‘legitimate reasons’ or simply a change in the political winds?” the brothers’ attorneys, Mark Geragos and Cliff Gardner, wrote.
In moving to withdraw Gascón’s resentencing motion,…
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