The Menéndez brothers offer for freedom reaches the road with Da Hochman

Los Angeles Dist. Atty County. Nathan Hochman announced on Monday that he opposes the ressentation of Lyle and Erik Menéndez, the brothers who have served three decades after bars for their parents’ murders in 1989.

Ex dist. Atty George Gascón last year recommended a judge of the Superior Court of the Los Angeles County that the Court rescinded the previous life sentences of the brothers without the possibility of probation, instead of giving life 50 years. The measure could have made them eligible for probation as juvenile criminals because they committed crime when they were under 26 years.

Hochman presented a motion in the Superior Court of Los Angeles to terminate Gascon’s request, presenting an analysis of the facts of the case that are much less favorable for the brothers and asking questions about the validity of their claims of self -defense. The motion also presents evidence of premeditation and the attempts of the brothers to cover their traces.

Hochman said during a press conference that the brothers lied to the police immediately after the murders and created a alibi, even arriving so far to say that the murders were the successes of the mafia, and claimed that they have not accepted all responsibility for their actions.

“The Menéndez brothers have continued to lying for more than 30 years about their self -defense, that is, their supposed real fear that their mother and their father be killed by the night of the murders,” Hochman wrote on the motion. “In addition, during those 30 years, they have not accepted responsibility for the large number of lies they told in relation to that defense.”

In 1989, the Menéndez brothers bought a couple of shotguns with cash, entered their mansion Beverly Hills and shot their parents, José and Kitty Menéndez, while watching a movie in the family living room. The prosecutors said that José Menéndez was hit five times, even at the back of the head, and Kitty Menéndez crawled on the wounded floor before the brothers recharge and fired a final and fatal explosion.

The brothers were accused of murder after Erik, who was 18, confessed the murders to his therapist. During the trial, prosecutors argued that the brothers killed their parents to obtain access to their multimillion -dollar heritage. But the defense lawyers replied that years of violent sexual abuse by their father preceded the shootings, justifying murders as a form of self -defense.

After decades in prison, the brothers are following several possible paths towards freedom: clemency, resentment and a habeas corpus request based on new tests They allege directly challenges that narrative prosecutors presented at the trial and must pave the way for their case to be reconsidered.

The request presented in the Superior Court of the Los Angeles County in 2023 pointed out a 1988 letter sent from Erik Menéndez to his cousin, Andy Cano, saying that he had been abused late in his adolescence. He also mentioned the accusations made by Roy Rosselló, a former member of the band of children often, who said he had also been violated by José Menéndez.

Hochman announced last month, he opposite to grant the brothers a new trialSaying that the act of murder was the problem in the conviction, not the accusations of sexual abuse. The brothers would have had to have an imminent fear that their parents would be killed by sexual abuse that is informed so that the murders are considered self -defense, he said.

But Hochman stopped closing the possibility of resiving, saying that he would visit the problem in “the coming weeks.”

Los Angeles Dist. Atty County. Nathan Hochman speaks at a previous press conference on the Erik and Lyle Menéndez case.

(Robert Gauthier/Los Angeles Times)

Last month, Governor Gavin Newsom also ordered the State Probation Board to initiate a risk assessment investigation on whether the Menéndez brothers would represent an unreasonable risk for the public if they were released, a first step in their offer for clemency.

The brothers submitted a clemency application to the Newsom office last year, and the governor said he would make his decision on that request after the Board investigation, which is expected within 90 days.

The murders of 1989 and the highly publicized murder evidence of the brothers caused documentaries, films and a recent Netflix series that has maintained a public interest in the case even decades later. Conversations about how sexual abuse statements were managed during judgments have caused public supplications to release the brothers.

The first trial ended with jurors hanging for each brother. In the second, the accusations of abuse and support testimonies were restricted and Lyle and Erik Menéndez were convicted of first degree murder.

Hochman’s relationship with the almost two dozen relatives of the Menéndez family who want the brothers released from prison to have apparently crossed since he assumed the position last year.

Last month, the family expressed concern when they learned that Hochman had degraded and transferred to the two lawyers who argued that the brothers were forwarded under the old dist. Atty Gascón Lawyers, Nancy Debge and Brock Lonsford have filed a claim notice, a precursor to a lawsuit, claiming that Hochman punished them because he does not agree with his position in the case.

Tamara Goodell, a brothers cousin who supports her release, last week filed a complaint with the Department of Corrections and Rehabilitation of California and the United States prosecutor’s office, claiming that Hochman violated her rights as a victim under Marsy’s law. He accused Hochman of being partial against the brothers.

Goodell wrote that when 20 members of the brothers’ family met with Hochman in January, the district prosecutor had a “derogatory and condescending tone” that “created an intimidating and intimidating atmosphere, leaving us, the victims, more distressed and feeling humiliated.”

“Instead of focusing on trauma and concerns expressed by the family, Da Hochman changed the approach of the meeting itself, making it a conference on how it was being treated personally instead of an opportunity to listen and respect the voices of the victims. The lack of compassion was palpable, and the family felt not only ignored but also more intimidated and revictimized, “he wrote.

The letter emphasized the concerns that the family has with the participation of Kathy Cady, director of the Victims Services Office within the District Prosecutor’s Office. Cady previously represented Milton Anderson, Kitty Menéndez’s brother, who opposed the possible release of prison brothers. Anderson died this month, according to his new lawyer, RJ Drieng.

In the letter, Goodell requests that Cady be prohibited from any participation in the case, Hochman will be reprimanded and that the attorney general takes over the case to “guarantee equity and impartiality.” Hochman has said that Cady has been “walled” of any participation in a decision on the destiny of the brothers, and the section of the office that Supervisa has no hand in nodes or issues after conviction.

It is not clear what, if there is any, Goodell’s complaint could have in the case. Neither CDCR nor the United States prosecutor’s office would have the authority to eliminate Hochman from the case. The family would have to present a motion of disqualification before a judge, according to former federal prosecutor Laurie Levenson.

When meeting with the family, he said, Hochman complied with Marsy’s law, which effectively works as the California Rights Declaration for the victims of the crime. There is no part of the law that requires Hochman to be “enthusiastic” towards family wishes, said Levenson.

Neama Rahmani, former federal prosecutor, said that while the letter provides a fascinating vision of meetings between the Menéndez and Hochman family, the complaint is unlikely to stimulate any action by federal prosecutors.

“The federals will not be involved in a state case to enforce a state law. And in general terms, Marsy’s law allows victims to be heard, but there is no real application mechanism, ”said Rahmani.