Nathan Hochman, the new Los Angeles County district attorney, said he may ask the court for more time to review the Menendez brothers’ case ahead of a criminal hearing next month.
Lyle and Erik Menendez, who served more than thirty years in prison for the 1989 first-degree murder of their parents, filed a habeas corpus petition last year asking for a review of possible new evidence, which could result in an early release if their murder convictions are expunged. Last month, prosecutor George Gascón did the same recommended to punish again for the brothers.
In a third path to possible parole, the brothers have asked for clemency from California Governor Gavin Newsom, who has publicly supported Gascón, writing letters to Newsom citing their record behind bars and what he described as ‘credible’ allegations of sexual and physical crimes. abuse by their father.
Hochman, who dethroned Gascón in a closely watched race this week, will take office on December 2.
In an interview, Hochman said that if the case is not resolved at a habeas petition hearing on Nov. 25 — when a judge will hear a motion seeking to vacate the first-degree murder convictions — he will review the case to determine whether or not he will make a recommendation. to blame.
The court date has been set for December 11, nine days after he will take office.
“As for timing, if we need more time to formulate a thorough position on this issue, then I would most likely ask the court for additional time,” Hochman said. “And I wouldn’t delay for the sake of delay, because this case is too important for the Menendez brothers. It’s too important for the victims’ relatives. It’s too important to the public to delay more than necessary to do the assessment people want to do. can expect from a public prosecutor.”
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Such an analysis of the case would involve reviewing thousands of pages of jail records and transcripts from the months-long trials, as well as speaking with law enforcement, prosecutors, defense counsel and family members of the victims, Hochman said.
“Whatever position I ultimately take, people should expect that I have put a lot of thought into it and analyzed the evidence,” Hochman said. “But my 34 years of experience in criminal law – with hundreds of cases as a prosecutor and defense attorney – allows me to work quickly and quickly to conduct these types of thorough reviews, because I have done this in many cases.”
Hochman declined to say whether he would weigh certain factors of the case over others, saying he would look at the totality of the circumstances.
In May 2023, the brothers’ attorneys filed a habeas petition requesting review of possible new evidence. including a letter that Erik Menendez allegedly wrote to a cousin apparently citing allegations of abuse by his father, as well as an affidavit from Roy Rosselló, former member of the boy band Menudo, alleging that he had been raped by Jose Menendez, who was a director at a record company the band was signed with in the 1980s.
When looking for one overturning the murder convictions With the habeas petition, Cliff Gardner, one of the brothers’ appellate attorneys, has said a lesser charge of manslaughter would be appropriate, which would have resulted in a much shorter sentence.
Meanwhile, clemency can only be granted by the state’s governor, while sentencing ultimately lies in the hands of a judge, on the recommendation of a prosecutor.
Gascón has said he has recommended re-sentencing more than 300 people through the Resentencing Unit he created in April 2021 — a unit Hochman said he plans to continue once he is in office.
“My plans would be to definitely continue the Resentencing Unit,” Hochman said. “Once I come to power, I will be able to better understand all aspects of it and whether or not changes are needed, whether or not it should be scaled up to carry out more recidivism. But we will look at, again, the facts and the law of each of the cases that emerge.”
