Menendez Case: D.A. Withdraws Request to Reduce Brothers’ Sentence
Los Angeles District Attorney Nathan Hochman said Monday that his office will withdraw its request to reduce the sentences of Lyle and Erik Menendez, saying the brothers have not shown full insight into their crimes.
The brothers are serving life without parole for the 1989 murders of their parents, Jose and Kitty Menendez.
At a press conference Monday morning, Hochman said that the brothers have failed to acknowledge that their claim of self defense was “fabricated,” and thus have not taken responsibility for the crimes. The D.A.’s office filed an 88-page motion seeking court approval to withdraw the resentencing request.
Last October, District Attorney George Gascón came out in favor of reducing their sentences to 50 years to life, which would make them eligible for parole immediately.
Gascón, a criminal justice reformer, found that the brothers had been rehabilitated after 35 years behind bars. The Menendez family has argued that new evidence supports the claim that the brothers were sexually abused by their father, and that attitudes about abuse have evolved over the last three decades.
Judge Michael Jesic previously set a hearing on the resentencing request for March 20-21. That hearing can still go forward on the judge’s motion. The judge could also postpone the hearing date.
Hochman defeated Gascón in the election in November. During the campaign, he was critical of Gascón’s handling of the Menendez case, saying he was using the publicity to distract from his failures in office.
The brothers’ attorneys have separately sought clemency from Gov. Gavin Newsom. In a trailer for his personal podcast, “This Is Gavin Newsom,” the governor announced last month that he had asked the state parole board to conduct a risk assessment, which would inform his decision about whether to grant clemency.
In his presentation on Monday, Hochman drew a parallel between the Menendez case and the case of Sirhan Sirhan, the assassin of Robert Kennedy. Newsom denied parole to Sirhan in 2021. Hochman argued that in both cases, the defendants pose an “unreasonable risk to public safety” because they have failed to show insight into their crimes.
Hochman noted that the brothers suborned perjury, trying to get friends to lie on their behalf at the trials. He also said that the brothers have a “pathway” to accept responsibility for the lies they told in the wake of the crimes.
The Menendez family issued a statement on Monday saying that Hochman is playing “political games,” and is holding the brothers and the family “hostage.”
“They have apologized for their actions, which were the results of Jose’s sexual abuse and Kitty’s enablement,” the family said in a statement. “They have apologized for the horrific actions they took. They have apologized to us. And, they have demonstrated their atonement through actions that have helped improve countless lives. Yet, DA Hochman is effectively asking for them to publicly apologize to a checklist of actions they took in a state of shock and fear.”
Last month, Hochman opposed a new trial for the brothers, saying their claims to have uncovered new evidence of sexual abuse were part of a pattern of “lies and deceit.”
The case captivated public attention in the mid-1990s. More recently, it has been the subject of a series of true crime documentaries. Last September, the Ryan Murphy series “Monsters: The Lyle and Erik Menendez Story” became a big hit on Netflix, prompting Gascón to take a fresh look at the case.
The brothers are serving life without parole for the 1989 murders of their parents, Jose and Kitty Menendez.
At a press conference Monday morning, Hochman said that the brothers have failed to acknowledge that their claim of self defense was “fabricated,” and thus have not taken responsibility for the crimes. The D.A.’s office filed an 88-page motion seeking court approval to withdraw the resentencing request.
Last October, District Attorney George Gascón came out in favor of reducing their sentences to 50 years to life, which would make them eligible for parole immediately.
Gascón, a criminal justice reformer, found that the brothers had been rehabilitated after 35 years behind bars. The Menendez family has argued that new evidence supports the claim that the brothers were sexually abused by their father, and that attitudes about abuse have evolved over the last three decades.
Judge Michael Jesic previously set a hearing on the resentencing request for March 20-21. That hearing can still go forward on the judge’s motion. The judge could also postpone the hearing date.
Hochman defeated Gascón in the election in November. During the campaign, he was critical of Gascón’s handling of the Menendez case, saying he was using the publicity to distract from his failures in office.
The brothers’ attorneys have separately sought clemency from Gov. Gavin Newsom. In a trailer for his personal podcast, “This Is Gavin Newsom,” the governor announced last month that he had asked the state parole board to conduct a risk assessment, which would inform his decision about whether to grant clemency.
In his presentation on Monday, Hochman drew a parallel between the Menendez case and the case of Sirhan Sirhan, the assassin of Robert Kennedy. Newsom denied parole to Sirhan in 2021. Hochman argued that in both cases, the defendants pose an “unreasonable risk to public safety” because they have failed to show insight into their crimes.
Hochman noted that the brothers suborned perjury, trying to get friends to lie on their behalf at the trials. He also said that the brothers have a “pathway” to accept responsibility for the lies they told in the wake of the crimes.
The Menendez family issued a statement on Monday saying that Hochman is playing “political games,” and is holding the brothers and the family “hostage.”
“They have apologized for their actions, which were the results of Jose’s sexual abuse and Kitty’s enablement,” the family said in a statement. “They have apologized for the horrific actions they took. They have apologized to us. And, they have demonstrated their atonement through actions that have helped improve countless lives. Yet, DA Hochman is effectively asking for them to publicly apologize to a checklist of actions they took in a state of shock and fear.”
Last month, Hochman opposed a new trial for the brothers, saying their claims to have uncovered new evidence of sexual abuse were part of a pattern of “lies and deceit.”
The case captivated public attention in the mid-1990s. More recently, it has been the subject of a series of true crime documentaries. Last September, the Ryan Murphy series “Monsters: The Lyle and Erik Menendez Story” became a big hit on Netflix, prompting Gascón to take a fresh look at the case.