Los Angeles’ top prosecutor, who is set to ask a judge on Friday to withdraw a resentencing request for Lyle and Erik Menendez, has advice for the brothers seeking freedom: Go through Gov. Gavin Newsom.
LA County District Attorney Nathan Hochman said he will ask the court to allow his office withdraw the resentencing recommendation, which had been filed by his predecessor George Gascon. Hochman said last month that the brothers do not meet the standards of resentencing as, he said, they failed to fully accept accountability for the 1989 murders of their parents, Jose and Kitty.
Speaking with NBCLA’s NewsConference with Conan Nolan, Hochman doubled down on his stance that the brothers will not likely be released from prison through his office due to “a whole bunch of legal standards they have to hit.”
If the sentencing of the brothers was granted, the court would have the power to turn the brothers’ life sentence without the possibility of parole into a life with the possibility of parole, allowing them to be out of prison while being under the supervision of the parole board.
“(Gov. Newsom) has unilateral constitutional power to rule today, tomorrow, or any day to commute the Menendez’s sentence and release them if he sees to do so through the interest of justice,” said Hochman, explaining Newsom doesn’t have these legal restraints that he or a court does.
“If the Menendez family truly wants to get the Menendez brothers out of prison as soon as possible, the cleanest path is to go directly to Sacramento and the governor’s office,” Hochman said.”
The defense attorneys for Lyle and Erik Menendez have also filed a motion to oppose the withdrawal of the resentencing recommendation, rejecting Hochman’s claim that the brothers have not completely owned up to the crimes.
“From the day they were convicted, and as they matured in prison over the many years since trial, in both court filings and public interviews, they have both taken responsibility for the shooting and expressed deep remorse,” the defense said in its reply to People’s motion to withdraw the resentencing recommendation.
During Friday’s court petition, the DA’s office may call witnesses, including the previous prosecutors on the case, to testify and support the decision to reverse the sentencing recommendation.
Based on what the court decides on Friday, a resentencing hearing may be set for April 17 and April 18.
The state’s consideration for Menendez brothers could come to an end in June as they are expected to appear in front of the California Board of Parole Hearing in June, Newsom said on his podcast, adding the independent risk assessment, in which a group of experts and psychologists examine whether the brothers pose any danger to the public, will be concluded on June 13.
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