LA County District Attorney opposes bid for new Menendez brothers trial

The Menendez brothers re-sentencing hearing for their 1996 murder convictions is scheduled for next month.

Los Angeles County District Attorney Nathan Hochman said Friday that his office will oppose a motion by defense attorneys seeking a new trial for Erik and Lyle Menendez.

The new trial, requested in a habeas petition before the court, was just one legal avenue that could eventually lead to the brother's release from prison, where they are serving life sentences for the murders of their parents in the family's Beverly Hills mansion.

The writ of habeas corpus is separate from requests for re-sentencing -- a hearing on which is schedule for next month -- and seeks to challenge the legitimacy of their convictions and life sentences for the murders of their parents.

"The people believe it should be denied," Hochman said of the 2023 "habeas" motion.

Hochman made the announcement at a news conference Friday afternoon, saying he was filing an informal response to the habeas petition urging the court to reject it.

The brothers' attorneys argued in the petition that they had new evidence to present related to allegations that the brothers' father sexually abused Erik Menendez. Hochman also cast doubt on the evidence alleging that Erik Menendez had been sexually abused and said it was not pertinent to the case.

In a statement, family members supporting the brothers' release criticized Hochman's statements.

"District Attorney Nathan Hochman took us right back to 1996 today," the Justice for Erik and Lyle Coalition said. "He opened the wounds we have spent decades trying to heal. He didn’t listen to us. We are profoundly disappointed by his remarks, in which he effectively tore up new evidence and discredited the trauma they experienced.

"To suggest that the years of abuse couldn’t have led to the tragedy in 1989 is not only outrageous, but also dangerous. Abuse does not exist in a vacuum. It leaves lasting scars, rewires the brain, and traps victims in cycles of fear and trauma. To say it played no role in Erik and Lyle’s action is to ignore decades of psychological research and basic human understanding."

Hochman also announced the release of a video from the officer titled, "The Anatomy of the Menendez Case." He said the video provides "insight into the workings of the criminal justice system, using the Menendez case as a framework to explain legal proceedings."

The news conference comes just over a month before a re-sentencing hearing schedule for late March. On October 24, then-Los Angeles County District Attorney George Gascón formally recommended that the brothers, who remain in prison, be resentenced for the 1989 murders of their parents, Jose and Kitty, at the family's Beverly Hills mansion.

In 1996, after two trials in 1993 and 1995, the brothers were convicted by a jury of first-degree murder and sentenced to life in prison without the possibility of parole. They have both served approximately 35 years in custody.

Hochman, who defeated the incumbent in the November election, said he would need time to review the case before moving forward on re-sentencing.

A hearing was held in November at the Van Nuys Courthouse to discuss the next steps in the petition for a new sentence. The brothers could be heard, but not seen, on a feed from a San Diego prison.

They were expected to appear on a video feed, but technical problems prevented them from being seen together in court for the first time in decades.

The judge granted additional time for Hochman, who took office on Dec. 2, to review the case and related trial documents. The resentencing hearing is now scheduled for March 20 and 21 at the Van Nuys Courthouse.

“I am deeply troubled by the statement made today by District Attorney Nathan Hochman. It is still my firm belief that the Menendez brothers did not receive a fair second trial and all of the evidence that supported their claims of sexual, psychological, physical and emotional abuse at the hands of their mother and father were not properly considered," Cooper Koch, who portrayed Erik Menendez in “Monsters” on Netflix. "I remain hopeful that there is still a path forward that will lead to their freedom, so I encourage all of their supporters to keep their voices loud."