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Menendez brothers lawyers to urge judge to remove prosecutors from case Judge sets Menendez brothers resentencing hearing for next week
(about 5 hours later)
Defense attorneys push for removal of district attorney Nathan Hochman who opposes the brothers’ resentencing Brothers granted hearing that could lead to freedom but attorneys withdraw bid to remove prosecutors from case
Attorneys for Erik and Lyle Menendez, who were convicted of killing their parents in 1989, will make their case to a judge on Friday that Los Angeles prosecutors should be removed from the brothers’ resentencing case. After months of legal battles, Erik and Lyle Menendez, who were convicted of killing their parents in 1989, will finally get a resentencing hearing in Los Angeles court next week, giving the brothers a new chance at freedom.
LA county superior court judge Michael Jesic ruled on Friday that the resentencing hearing can take place, starting next Tuesday.
Friday’s hearing included a loss and an implicit win for Los Angeles’ new tough-on-crime prosecutor, Nathan Hochman. Defense attorneys ultimately withdrew their motion to remove Hochman’s prosecutors from the case, which the hearing was meant to discuss, but Jesic, the judge, also rejected Hochman’s efforts to withdraw the resentencing petition.
The brothers were sentenced in 1996 to life in prison without the possibility of parole for fatally shooting their entertainment executive father, Jose Menendez, and mother, Kitty Menendez. The brothers were 18 and 21 at the time of the killings. Defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, while prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.The brothers were sentenced in 1996 to life in prison without the possibility of parole for fatally shooting their entertainment executive father, Jose Menendez, and mother, Kitty Menendez. The brothers were 18 and 21 at the time of the killings. Defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, while prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
The former LA county district attorney, George Gascón, had opened the door to possible freedom for the brothers in October by requesting their sentences be reduced to 50 years with the possibility of parole. His office said the case would have been handled differently today due to modern understandings of sexual abuse and trauma, and that the brothers had been rehabilitated during their 30 years in prison. The former LA county district attorney, George Gascón, had opened the door to possible freedom for the brothers in October by requesting their sentences be reduced to 50 years with the possibility of parole. His office said the case would have been handled differently today due to modern understandings of sexual abuse and trauma, and that the brothers had been rehabilitated during their 30 years in prison. Many of the Menendez brothers’ family members support their release.
But the current district attorney, Nathan Hochman, has reversed course and opposes the brothers’ resentencing. Hochman has said the brothers have not taken full responsibility for their crimes because they have not admitted to lies told during their trials. The Menendez family and lawyers have been heavily critical of the way Hochman has handled the case. But Hochman, the current district attorney, has reversed course and opposes the brothers’ resentencing. Hochman has said the brothers have not taken full responsibility for their crimes because they have not admitted to lies told during their trials. The Menendez family and lawyers have been heavily critical of the way Hochman has handled the case.
Hochman’s office filed a motion to oppose his removal from the case, dismissing the defense’s concerns as simply “not being happy” with prosecutors’ opinion on resentencing. On Friday, Hochman tried to again ask the court to withdraw the resentencing petition saying new evidence supports that.
“Disagreeing with the opposing side’s position is not a conflict of interest, it is simply a disagreement,” it said. But Jesic disagreed and set 13 and 14 May for the resentencing hearings.
While Hochman’s conduct is the focus of defense attorneys’ petition, they want the case entirely removed from the Los Angeles district attorney’s office, in which case the state attorney general’s office would usually step in. “I don’t see anything new,” he said.
However, California’s attorney general, Rob Bonta, filed a motion this week siding with Hochman, saying the defense had not adequately demonstrated a conflict of interest. On Friday, attorneys for the Menendez brothers also withdrew their attempt to have Hochman’s office removed from the case over allegations of conflicts of interest, ABC7 News and the Los Angeles Times reported.
Asked about the attempt to remove Hochman, an attorney for the Menendez brothers said on his way into the courthouse on Friday that “I’m not so sure I want that any more,” ABC7 News reported.
Attorney Mark Geragos said he planned to lodge his complaints against Hochman at a future date.
California’s attorney general, Rob Bonta, had filed a motion this week siding with Hochman, saying the defense had not adequately demonstrated a conflict of interest.
Laurie Levenson, a former federal prosecutor and professor of criminal law at Loyola Law School in Los Angeles, said these types of recusal requests are “almost never” granted.Laurie Levenson, a former federal prosecutor and professor of criminal law at Loyola Law School in Los Angeles, said these types of recusal requests are “almost never” granted.
“Defendants don’t usually get to pick their prosecutors,” she said. “Occasionally an individual prosecutor will be recused, but to recuse an entire office is very rare.”“Defendants don’t usually get to pick their prosecutors,” she said. “Occasionally an individual prosecutor will be recused, but to recuse an entire office is very rare.”
Generally, this only happens if a prosecutor’s personal family member is involved or if the district attorney’s office received outside payment in a case, Levenson said.Generally, this only happens if a prosecutor’s personal family member is involved or if the district attorney’s office received outside payment in a case, Levenson said.
During long-awaited resentencing hearings last month, attorneys engaged in a heated debate over whether material from risk assessments completed by the state parole board at the governor’s order should be admissible in court. The hearings were delayed, and the brothers’ lead attorney, Mark Geragos, said he would move to recuse Hochman from the case. Hochman’s office had filed a motion to oppose his removal from the case, dismissing the defense’s concerns as simply “not being happy” with prosecutors’ opinion on resentencing.
In a motion filed on 25 April, Geragos argued that Hochman’s bias against the brothers and mistreatment of the Menendez family posed a “genuine risk” the brothers would not receive a fair hearing. “Disagreeing with the opposing side’s position is not a conflict of interest, it is simply a disagreement,” it said.
He pointed to Hochman’s demotion of Nancy Theberge and Brock Lunsford, the two deputy district attorneys who filed the original resentencing motion. Theberge and Lunsford have since filed lawsuits against Hochman alleging they were punished for their work on the Menendez case.
Hochman also hired Kathleen Cady, who represented Milton Andersen, the only Menendez family member who opposed the brothers’ resentencing at the time, to head his office of victim services. Andersen died in March.
Geragos said no one from the victim services office had ever reached out to the Menendez family to offer support. In mid-April, both Cady and Hochman were present at an organization’s rally to condemn the Menendez brothers’ resentencing, he said.
Finally, Geragos said the district attorney’s office had violated Marsy’s Law, which ensures victims in California are treated with fairness and respect.
Menendez cousin Tamara Goodell filed a complaint with the US attorney’s office in which she wrote Hochman used a “hostile, dismissive, and patronizing tone” that left the family “distressed and feeling humiliated”.
Hochman’s motion said the defense had not presented any proof that hiring Cady, a seasoned prosecutor and attorney, prevented his office from treating the Menendez brothers fairly, and that the reassignments of Theberge and Lunsford were “internal staffing decisions”.
Marsy’s Law also does not give victims the right to seek the removal of a prosecutor, the motion said.
The Menendez brothers are still waiting for the full results of a state parole board risk assessment ordered by the California governor’s office. The final hearing, scheduled for 13 June, will influence whether Newsom grants the brothers clemency.The Menendez brothers are still waiting for the full results of a state parole board risk assessment ordered by the California governor’s office. The final hearing, scheduled for 13 June, will influence whether Newsom grants the brothers clemency.