The judge will decide Friday whether to proceed with the hearings of Eric and Lyle Menendez, who were convicted of murdering their parents, in light of the new Los Angeles district attorney opposed their release behind bars 30 years later.
The brothers were convicted of murdering their parents Jose and Kitty Menendez at their Beverly Hills home in 1989, before being sentenced to life in prison without the possibility of parole at age 18 and 21.
The defense allegedly acted out of self-defense after years of sexual abuse by his father, but prosecutors said the brothers killed their parents for millions of dollars in inheritance.
George Gascon, a former progressive district attorney in Los Angeles County, sought responsiveness for his brother before losing his reelection to criminally tough candidate Nathan Hochman in November.
Gascon asked the judge to change the sentence for his brother to 50 years. This allows him to be entitled to immediate release under California law for committing a crime while under the age of 26.
However, last month, Hochman filed a motion to retract the request. They said he did not support the brothers' responsiveness as they did not admit that they lied when the incident unfolded in which they “fatally recognized, admitted, and did not accept full responsibility” about the crime.
On Friday, the court will decide whether to allow prosecutors to withdraw the motion of Res.
If that request is granted, the judge will also decide whether to proceed independently with the sibling's res court, scheduled for April 17th and 18th.
The district attorney's opposition, with Gascon's support, raises a major hurdle for the brothers who were almost certain of their way to res.
The relationship between his family and Hochman is also worsening. Most of the brothers' extended families support their resentment.
Milton Andersen, the brother of Kitty Menendez and the only relative who opposed their release, passed away last month.
The brother's cousin Tamara Goodall cited his prejudice against the brothers and filed a complaint with the state asking Hochman to be removed from the lawsuit, claiming he violated a law intended to protect the rights of the victims.
Hochmann had a “hostile, boring, patronizing tone” in his family meetings, and created a “intimidating, bullying atmosphere,” Goodall wrote.
In their response to allegations that they would withdraw the district attorney's resembling request, Brother Menendez questioned whether Hochman had good reason to do so, or whether he was influenced by a “change in the political wind.”
Read more about the Menendez Brothers' Case
The lawyers pointed out that Hochmann had demoted Nancy the Berge and Brock Lansford.
Theberge and Lunsford filed a lawsuit against Hochman, alleging harassment, discrimination and retaliation against their work in the Hochman brothers' case.
“The law calls for fairness rather than personal revenge,” brother cousin Anamaria Baratt said in a statement. “Not only are Eric and Lyle responsible, they've become like the guys that this system should help create. If rehabilitation isn't an issue here, when do you do it?”
Hochman's office denied the political influence on reply decisions and doubled the position that Eric and Lyle Menendez “created claims of self-defense” with the murder of their parents.
Without responsiveness, the brothers will still have two other paths to freedom.
They filed a generous plea to California Governor Gavin Newsom. Gavin Newsom ordered the state parole board to investigate whether the brothers pose a risk to the public if they are released.
The Parole Committee is scheduled to hold its final hearing on June 13th.
The brothers also filed a habeas-protection petition in May 2023, urging them to allow a new trial in light of new evidence presented to the court. Hochman's office also filed a motion against the petition.
