In the ongoing legal saga surrounding the Menendez brothers, their defense team is pushing to disqualify Los Angeles District Attorney Nathan Hochman and his entire office from their resentencing proceedings. The motion, which was addressed by a judge on Friday, posits that Hochman's public comments and actions have revealed a bias that could compromise the fairness of the hearing. The move has been described as "very aggressive" by Loyola Law School Professor Jessica Levinson in a statement obtained by KTLA, since it is unusual for an entire DA's office to be recused from a case.
The crux of the issue seems to revolve around the differences in approach between former DA George Gascón, who suggested back in October that the Menendez brothers' sentences be reduced to 50 years with the possibility of parole, and current DA Hochman, who has adopted a contrary position. According to a KTLA report, the brothers' defense attorney, Mark Geragos, has accused Hochman of making up his mind without doing the due diligence he believes the case deserves.
Furthermore, the California Attorney General's Office has sided with Hochman, asserting that the defense's allegations do not sufficiently demonstrate a conflict of interest that would necessitate such a drastic measure as removing the entire DA's office from a case. This is backed by legal experts like Laurie Levenson, who told AP News that it is "very rare" for an entire office to be recused, noting such actions are typically reserved for cases involving a prosecutor's personal family member or outside payment.
There’s also been a recent complaint alleging that Hochman’s actions have violated Marsy’s Law, which is designed to ensure victims in California are treated with fairness and respect. The complaint, filed by Menendez's cousin Tamara Goodell with the U.S. Attorney’s Office, claims Hochman utilized a “hostile, dismissive, and patronizing tone”. This was shared in a report by NBC Los Angeles, which further states that the DA's office and the Attorney General's office have both contested the applicability of Marsy’s Law in this context.
As the brothers await the full results of a state parole board risk assessment ordered by Gov. Gavin Newsom's office, the legal battle underscores the complexity of re-examining cases decades after initial convictions. The results of this assessment and the final hearing scheduled for June 13 will likely play a significant role in whether Gov. Newsom opts to grant clemency to Erik and Lyle Menendez, who were sentenced in 1996 for the murder of their parents.
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