Hearing scheduled for debating the potential dismissal of the Menendez case prosecutor in LA.
Rewritten Article:
Taking a Stand for the Menendez Brothers: Petition for LA DA's Removal
LOS ANGELES (AP) — The defense team for the Menendez brothers, Erik and Lyle, will present their case to a judge on Friday, arguing that LA County District Attorney Nathan Hochman should be excused from their resentencing case due to a perceived conflict of interest.
The brothers, who are serving life sentences for the 1989 murders of their parents, Jose and Kitty Menendez, were initially sentenced to life in prison without the possibility of parole in 1996. They were accused of shooting their entertainment executive father and mother in their Beverly Hills home. At the time, Erik was 18, and Lyle was 21.
Defense attorneys have alleged that the brothers acted out of self-defense due to years of sexual abuse by their father. Prosecutors, on the other hand, maintain that the brothers murdered their parents for the multimillion-dollar inheritance.
Former LA County District Attorney George Gascon had opened the door for the brothers' possible release in October 2021 by petitioning to reduce their sentences to 50 years with a chance for parole. Gascon argued that the case would be handled differently today given modern understandings of sexual abuse and trauma, and that the brothers had rehabilitated during their 30 years in prison.
However, current district attorney Nathan Hochman has reversed course, stating his opposition to the brothers' resentencing. Hochman contends that the brothers have not taken full responsibility for their crimes because they have yet to admit to lies told during their trials. The Menendez family and their lawyers have expressed dissatisfaction with Hochman's handling of the case.
Hochman's office filed a motion arguing that the defense's concerns regarding a conflict of interest are unfounded. The motion states, "Disagreeing with the opposing side’s position is not a conflict of interest, but simply a disagreement."
While Hochman's conduct is the primary focus of the defense team's request, they aspire for the entire case to be removed from the Los Angeles district attorney's office. If this were to occur, the California Attorney General's office would typically step in.
Nevertheless, California Attorney General Rob Bonta filed a motion this week backing Hochman, asserting that the defense had not effectively demonstrated a conflict of interest.
Laurie Levenson, a former federal prosecutor and a professor of criminal law at Loyola Law School in Los Angeles, stated, "Recusal requests of this nature are 'almost never' granted. Defendants don't usually get to pick their prosecutors." In most situations, only if a prosecutor's family member is personally involved or if the prosecutor's office has received external payment in a case would this occur.
During the long-awaited resentencing hearings held last month, attorneys engaged in an intense debate over whether testimony from risk assessments conducted by the state parole board should be admitted in court. The hearings were postponed, with lead attorney Mark Geragos indicating his intent to seek Hochman's removal from the case.
In a motion filed on April 25, Geragos contended that Hochman's bias against the brothers and mistreatment of the Menendez family posed a "genuine risk" that the brothers might not receive a fair hearing. He cited Hochman's demotion of Nancy Theberge and Brock Lunsford, who filed the original resentencing motion, as well as allegations of retaliation against these deputy district attorneys. Geragos further noted that Hochman had appointed Kathleen Cady, who represented Milton Andersen, the only Menendez family member supporting the brothers' sentences, to head his Office of Victim Services. Cady has since passed away.
Geragos also stated that no one from the Victim Services office had reached out to the Menendez family to offer support. Furthermore, he claimed that Hochman and Cady were both present at an organization's rally to condemn the Menendez brothers' resentencing in mid-April. Finally, Geragos asserted that the district attorney's office had violated Marsy's Law, which ensures victims in California are treated fairly and respectfully.
Menendez cousin Tamara Goodell filed a complaint with the U.S. Attorney's Office, stating that Hochman used a "hostile, dismissive, and patronizing tone" that left the family feeling "distressed and humiliated."
Hochman's motion countered by stating that the defense had not provided sufficient evidence to demonstrate that the hiring of Cady prevented Hochman's office from treating the Menendez brothers impartially, and that the reassignment of Theberge and Lunsford was merely an internal staffing decision. Marsy's Law does not grant victims the authority to remove a prosecutor from a case, the motion said.
The Menendez brothers are yet to receive the full results of a state parole board risk assessment ordered by Gov. Gavin Newsom's office. The final hearing, set for June 13, will influence Newsom's decision on granting the brothers clemency.
Bonus Insights:- Marsy's Law, also known as the Victims' Bill of Rights, is a set of constitutional amendments designed to protect the rights of victims of crime in the criminal justice system.- The retired district attorney, George Gascon, currently serves as the mayor of Los Angeles.- The Menendez brothers were portrayed in a popular 90s miniseries named "The Menendez Murders: American Tragedy."
- The Menendez brothers' defense team contends that LA County District Attorney Nathan Hochman harbors a conflict of interest in their resentencing case, alleging a bias against them and mistreatment of the Menendez family.
- Mark Geragos, lead attorney for the Menendez brothers, accuses Nathan Hochman of appointing Kathleen Cady, who represented Milton Andersen, the only Menendez family member supporting the brothers' sentences, to head his Office of Victim Services, potentially influencing the case.
- In the general news and crime-and-justice segments, the political drama over the Menendez brothers' resentencing heats up as attorneys and district attorneys argue over a potential conflict of interest, fair hearings, and the application of Marsy's Law.
- The defense team aspires for the entire case to be removed from the Los Angeles district attorney's office, citing the Los Angeles County District Attorney's actions as a genuine risk to the fairness of the brothers' hearings.
- The Menendez brothers' case, involving crime, self-defense allegations, and a multimillion-dollar inheritance, raises significant opinion divides in the court of law and court of public opinion, reflecting the complexities of politics and crime in modern society.
