LA County prosecutor still deciding on Menendez brothers resentencing – NBC Los Angeles

Los Angeles County District Attorney Nathan Hochman made clear his opposition to a new trial for Lyle and Erik Menendez, but said Monday that he is still deciding on re-sentencing for the brothers, who are serving life sentences for the 1989 murders of their parents in the family’s Beverly Hills mansion.

In a lengthy news conference Friday, Hochman said that his office will oppose a motion by defense attorneys seeking a new trial for the brothers and released a video from his office detailing the legal avenues in the decades-old case. The new trial, requested in a habeas petition before the court, was just one of the paths that could eventually lead to the brother’s release from prison.

In an interview Monday with NBCLA’s Conan Nolan, Hochman outlined his primary concerns about the case and what happens next. A hearing on re-sentencing is scheduled for the end of March, part of a process that will take into account details of the shotgun killings of Jose and Kitty Menendez, events leading up to the crime and the behavior of the convicted murderers following the shooting, Hochman said.

“If a resentencing motion is granted by the court, the court then has the power to turn, in this case, a life without the possibility of parole sentence into a life with the possibility of parole,” Hochman said.

The recommendation would then go to a state parole board. If approved by the board, the decision would go to Gov. Gavin Newsom, who would have 120 days affirm, reverse or modify the recommendation.

Hochman said his position on re-sentencing will take into account allegations of sexual abuse by Jose Menendez because California law requires such consideration.

In a press conference Friday, Los Angeles County District Attorney Nathan Hochman said his office will oppose a motion by defense attorneys seeking a new trial for the Menendez brothers. Robert Kovacik reports for the NBC4 News at 5 p.m. on Feb. 21, 2025.

“Since it is one of the factors taken into consideration we would consider it,” Hochman said.

Re-sentencing is separate from the writ of habeas corpus Hochman addressed at Friday’s news conference. The habeus petition seeks to challenge the legitimacy of the convictions and life sentences for the murders.

“The people believe it should be denied,” Hochman said of the 2023 “habeas” motion.

The brothers’ attorneys argued in the petition that they had new evidence to present related to allegations that the brothers’ father sexually abused Erik Menendez. At Friday’s news conference, Hochman cast doubt on the evidence of abuse and said it was not pertinent to the case.

“Sexual abuse in this situation may have been a motivation for Erik and Lyle to do what they did, but it does not constitute self-defense,” Hochman said.

He also characterized the brothers’ own testimony of sexual abuse as untrustworthy, saying they presented different explanations for why they killed their parents.

In a statement Friday, family members supporting the brothers’ release criticized Hochman.

“District Attorney Nathan Hochman took us right back to 1996 today,” the Justice for Erik and Lyle Coalition said. “He opened the wounds we have spent decades trying to heal. He didn’t listen to us. We are profoundly disappointed by his remarks, in which he effectively tore up new evidence and discredited the trauma they experienced.

“To suggest that the years of abuse couldn’t have led to the tragedy in 1989 is not only outrageous, but also dangerous. Abuse does not exist in a vacuum. It leaves lasting scars, rewires the brain, and traps victims in cycles of fear and trauma. To say it played no role in Erik and Lyle’s action is to ignore decades of psychological research and basic human understanding.”

According to their legal team, the Menendez brothers will appear in-person in Van Nuys for their resentencing hearings now set for March 20th and 21st. 

Hochman also announced the release of a video from the officer titled, “The Anatomy of the Menendez Case.” He said the video provides “insight into the workings of the criminal justice system, using the Menendez case as a framework to explain legal proceedings.”

Hochman said Monday he went before cameras Friday and released the DA’s office video, in part, because the Menendez case is a teachable moment about the country’s justice system.

“If it’s the Menendez case that got people interested the criminal justice system, that’s great,” he said. “I hope they learn as much as they can about this case, but don’t stop with this case. There are criminal cases going on every single day in the county, across this state and across this nation. I certainly encourage everyone to get involved in the criminal justice process.”

The news conference came just over a month before a re-sentencing hearing scheduled for late March. On October 24, then-Los Angeles County District Attorney George Gascón formally recommended that the brothers, who remain in prison, be resentenced for the 1989 murders of their parents, Jose and Kitty, at the family’s Beverly Hills mansion.

In 1996, after two trials in 1993 and 1995, the brothers were convicted by a jury of first-degree murder and sentenced to life in prison without the possibility of parole. They have both served approximately 35 years in custody.

Hochman, who defeated the incumbent in the November election, said he would need time to review the case before moving forward on re-sentencing.

A hearing was held in November at the Van Nuys Courthouse to discuss the next steps in the petition for a new sentence. The brothers could be heard, but not seen, on a feed from a San Diego prison.

They were expected to appear on a video feed, but technical problems prevented them from being seen together in court for the first time in decades.

The judge granted additional time for Hochman, who took office on Dec. 2, to review the case and related trial documents. The resentencing hearing is now scheduled for March 20 and 21 at the Van Nuys Courthouse.