Outgoing Los Angeles County District Attorney George Gascon, in the final days of his unsuccessful re-election campaign, pushed hard to counter-prosecute the Menendez brothers.
After winning by 25 points, his replacement, former federal prosecutor Nathan Hockman, could be the key to their quest for freedom.
“Before we make any decisions regarding the Menendez brothers' case, we need to thoroughly learn the relevant facts, evidence, and law,” the congressman-elect told FOX News Digital.
“I must review each brother's confidential prison files, the records from both trials, and speak with prosecutors, law enforcement, defense attorneys, and the victim's family. Only then can I make a decision. . We ask the court for additional time.”
Key figures in Menendez brothers' wrath that could free murderer on Thanksgiving
Lyle Menendez (left) and his brother Eric in the latest CDCR mugshot taken on October 10, 2024. (California Department of Corrections and Rehabilitation)
He said a hearing will be held on December 11th and the new prosecutor will be sworn in on December 2nd.
His campaign has not promised to free or jail the Menendez brothers.
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Joseph Menendez, known by his middle name Lyle, and his brother Eric Menendez have been in a California prison since 1996, serving life sentences without the possibility of parole. Murder of parents in 1989.
An undated photo of the Menendez family is shown on screen during a panel discussion at CrimeCon 2024 on Sunday, June 2, in Nashville, Tennessee. Brothers Lyle and Eric were convicted of shooting their parents to death in 1989. (Michael Lewis/Fox News Digital)
The brothers claim they shot their father, former RCA Records executive Jose Menendez, in self-defense, saying they thought their father would kill them after he warned them he was going to expose them as child molesters. I am doing it.
It also killed Jose's mother, Mary “Kitty” Menendez, who was sitting next to Jose in their Beverly Hills living room eating ice cream when he opened fire.
Hochman will either continue where Gascón left off and ask for a resentencing, ask the judge to withdraw the previous administration's request for resentencing, or ask the justices to do more when the court considers the issue. Additional preparations may be submitted to provide materials.
Menendez brothers' prosecutor announces retrial verdict
Nathan Hochman, the next Los Angeles County District Attorney-elect, speaks at a press conference on Monday, September 30, 2024, in Los Angeles. (AP Photo/Damien Dovarganes, File)
Watch FOX NATION: MENENDES BROTHERS: Victims or Villains?
“Candidate Nathan has made it clear that he will approach every case with the honesty and integrity that every victim and defendant deserves,” campaign spokesman Stuart Pfeiffer told FOX News Digital. “That includes a thorough review of the facts and law before making a statement.”
Hochman doesn't have access to all case files unless he's in his office.
Los Angeles County District Attorney George Gascon addresses the media during a press conference regarding developments in the case of brothers Eric and Lyle Menendez, Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)
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“Nathan understands how important this case is to many Angelenos, and as district attorney, he will give this case the attention it deserves and ensure that justice and fairness is served. “I guess so,” Pfeiffer said.
Timeline of the Menendez brothers murder case
Under a new California law that gives district attorneys in the state the power to recommend new sentences in old, settled cases, Mr. Gascon told a Los Angeles judge just days before the election that he would be sentenced to life in prison without the possibility of parole. urged the government to consider commuting the sentences of the brothers. 50 years to life imprisonment.
Lyle (left) and Eric Menendez sit with defense attorney Leslie Abramson (right) during a hearing in Beverly Hills Municipal Court on November 26, 1990. (AP Photo/Nick Utt)
The reduction would make him immediately eligible for a parole hearing, even though other California laws would require him to spend an additional 20 years in prison by the time he turns 50 for the shotgun murder of his parents.
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Days later, Gascon told reporters that the process would go through multiple stages of review, from judges to the parole board and ultimately to Gov. Gavin Newsom. He skipped all those steps and immediately requested that the brothers be pardoned.
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No matter what happens, Newsom will have the final say on the parole board and its clemency applications.
Another habeas corpus petition has also been filed in court, which, if successful, could provide a new path to freedom.
