DA Hochman Announces His Decision Regarding Menendez Brothers Case
The Los Angeles County District Attorney’s Office has filed a response opposing the resentencing of Lyle and Erik Menendez, arguing that the brothers have failed to fully accept responsibility for the 1989 murders of their parents.
The resentencing hearing is scheduled for March 20 and 21 in Van Nuys, with Los Angeles Superior Court Judge Michael Jesic presiding.
In a statement released Monday, District Attorney Nathan J. Hochman said his office conducted an extensive review of the case, examining thousands of pages of trial transcripts, prison records, videotaped testimonies, and other evidence before reaching its conclusion.
“The District Attorney’s Office is prepared to proceed forward with the hearing,” Hochman said. “But we are requesting that the prior District Attorney’s motion for resentencing be withdrawn.”
The family led group, the Justice for Lyle and Erik Coalition, has released a statement critical of the DA’s decision which says, “District Attorney Hochman made it clear today he is holding Erik, Lyle, and our family hostage,” the coalition said. “He appears fixated on their trauma-driven response to the killings in 1989 with blinders on to the fact they were repeatedly abused, feared for their lives, and have atoned for their actions. How many times do we have to hear the same attempts to bury who they are today and rip us back to that painful time?
“Let’s be clear: Erik and Lyle are not the same young boys they were more than 30 years ago. They have apologized for their actions, which were the results of Jose’s sexual abuse and Kitty’s enablement. 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.”
After DA Hochman’s first announcement that indicated a lack of support for freeing the brothers, Governor Gavin Newsom ordered the parole board to conduct a 90-day “comprehensive risk assessment” that would show if the brothers pose “an unreasonable risk to the public” if they’re granted clemency and released. It would seem that after Hochman’s final statement, Governor Newsom’s order is the best hope that the brothers and their family still have. Newsom has said on his new podcast that the order is no guarantee, but the possibility remains that he could grant them clemency.
Hochman argued that the original motion failed to assess whether the Menendez brothers had demonstrated genuine remorse or taken full responsibility for their crimes. He pointed to their continued insistence that they acted in self-defense, a claim that has been widely disputed and rejected by multiple courts.
“For more than 30 years, the Menendez brothers have lied about their claims of self-defense — that they feared their parents were going to kill them that night,” Hochman said. “A full examination of the record reveals that they have never admitted to these lies, nor have they taken responsibility for suborning perjury and attempting to have their friends support these falsehoods.”
Hochman drew comparisons between the Menendez case and Governor Gavin Newsom’s 2022 decision to deny parole to Sirhan Sirhan, who assassinated Robert F. Kennedy in 1968.
Despite Sirhan spending more than 50 years in prison, engaging in rehabilitation programs, and receiving positive evaluations from prison officials, Newsom determined that his continued failure to fully accept responsibility for his actions made him an unreasonable risk to the public.
Similarly, Hochman contended that the Menendez brothers’ unwillingness to admit to lying about self-defense should weigh heavily against any potential resentencing.
“The Court must determine whether the Menendez brothers’ lack of full insight and complete responsibility for their murders outweighs other factors,” Hochman said. “These factors include their time served, their age at the time of the crimes, their upbringing, their claims of sexual abuse, their rehabilitation efforts in prison, their health, and their low risk score.”
The Menendez brothers were convicted of first-degree murder with special circumstances in 1996 and sentenced to life in prison without the possibility of parole. Multiple appellate courts have upheld the sentence over the years.
Hochman emphasized that any potential reconsideration of their sentence should only occur if they make a full, unequivocal admission of guilt and deception.
“If they were to finally come forward and sincerely admit to their lies about self-defense and their attempts to suborn perjury, then the Court should weigh such new insight into its analysis of rehabilitation and resentencing,” Hochman said. “As will the People.”
Hochman also commended the work of Assistant Head Deputy Habib Balian and Deputy District Attorneys Seth Carmack and Ethan Milius for their “diligence and professionalism” in reviewing the case.
The court is expected to hear arguments on the matter later this month, with the final decision resting with Judge Jesic.
