New LA DA Nathan Hochman Comments on the Menendez Brothers' Quest for Freedom

Lyle and Erik Menendez have been incarcerated for nearly 35 years for their involvement in a murder case. As the push for their release intensifies, the newly elected Los Angeles County district attorney, Nathan Hochman, emphasizes the need to thoroughly examine the evidence before expressing any support. Hochman, who won last week's election decisively against the current DA George Gascón, is set to take office in December. This election followed Gascón's recent recommendation for the Menendez brothers to be resentenced and made eligible for immediate parole. Hochman raised concerns about the timing of Gascón's decision, suggesting it may have been influenced by political motives. "The timing of Gascón's decision raises questions about its credibility. Is it a fair decision, or merely a political maneuver?" Hochman remarked. He assured that his own decision-making process would be transparent and free from any doubts.

Gascón Defends His Decision to Resentence

In response, Gascón defended his stance, stating to ABC News, "I believe they should be released, and it should be done properly within the legal framework."
"I made my decision after reviewing 30 years of information regarding their behavior, along with a comprehensive understanding of their convictions and the details of the crime," Gascón stated. "Therefore, my decision was well-founded." The notorious case goes back to 1989, when Lyle Menendez, who was 21 at the time, and Erik Menendez, then 18, fatally shot their parents, Jose and Kitty Menendez, in their Beverly Hills home. The defense argued that the brothers acted in self-defense due to years of sexual abuse from their father, while prosecutors contended that the motive was financial gain. The initial trial, which featured separate juries for each brother, resulted in mistrials. In 1996, during the second trial—where much of the sexual abuse evidence was excluded by the judge—the brothers were found guilty and received two consecutive life sentences without the possibility of parole.

Hochman's Plan to Review New Evidence

As Gascón's appeal regarding the brothers' resentencing progresses through the legal system, Hochman, who will assume office on December 2, expressed his intention to thoroughly review the new evidence, trial transcripts, confidential prison documents, and interviews with family members, attorneys, and law enforcement. "The information contained in these files is too significant to leave to someone else. I need to handle this personally," he shared with ABC News. The next hearing for the resentencing case is scheduled for December 11. Hochman, a former federal prosecutor, stated that he will "work as quickly as possible," and mentioned, "If we require extra time to develop our stance, I will request it from the court."
"I'm not going to seek a delay just for the sake of it," he emphasized. "We'll request only the minimal time needed to complete this work, as we owe it to the Menendez brothers, the victim's family, and the public to ensure this decision is made correctly."

Renewed Public Interest Sparks Debate

The case of the Menendez brothers has gained renewed attention this fall with the debut of a scripted series and a documentary on Netflix, sparking a new wave of calls for their release from a younger audience. Hochman expressed concern, stating, "If you base your opinion on this case solely on a Netflix documentary, you're not doing justice to the Menendez brothers, the victims' families, or the public."

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The brothers have three potential avenues for freedom. One option is resentencing. Last month, Gascón announced his recommendation to change the brothers' life sentences without parole to a murder sentence, which would range from 50 years to life. Since both brothers were under 26 at the time of the crimes, this new sentence would make them eligible for parole right away, according to Gascón. The District Attorney's office noted that their recommendations for resentencing consider factors such as the defendants' ages, any psychological trauma or abuse they experienced, and their rehabilitation efforts while incarcerated. Gascón commended Lyle and Erik Menendez for their work in prison to better themselves and assist fellow inmates.

Three Potential Avenues for Freedom

The second option involves the brothers seeking clemency from California Governor Gavin Newsom. The third option is their habeas corpus petition, which was filed last year to review new evidence that was not available during the trial. One significant piece of evidence includes allegations from a former boy band member who disclosed last year that he was sexually assaulted by Jose Menendez. Another important piece is a letter Erik Menendez wrote to his cousin eight months prior to the murders, in which he described his alleged abuse. Although the cousin testified about this abuse during the trial, the letter that could have supported his testimony was only discovered a few years ago, as noted by the brothers' attorney. The next hearing regarding the habeas corpus petition is scheduled for November 25.