The election of a new Los Angeles County District Attorney means the resentencing hearing of brothers and convicted murderers Erik and Lyle Menendez scheduled for next month could be pushed back.
LA voters turfed George Gascón, the crusading progressive who faced a barrage of criticism for his handling of public safety matters, in Tuesday’s election.
It was Gascón who last month recommended resentencing the Menendez brothers—who are serving life in prison without the possibility of parole for the 1989 slaying of their parents—to life with the possibility of parole.
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He cited new evidence that suggested the two were physically and sexually abused by their father, support from most of their family members, and their good behavior over the course of the almost three decades they have spent in prison.
If a judge agrees, they would be immediately eligible for parole.
But Gascón’s replacement, former federal prosecutor Nathan Hochman, told CNN that he will need to examine the case before staking out a position on the resentencing.
“I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defense counsel, and the victims’ family members,” he told the network. “Only then can I make a decision. If for some reason I need additional time, I will ask the court for that time.”
Hochman, who ran for California attorney general as a Republican in 2022, contested the race against Gascón as a self-described “hard middle” independent, pledging to end his progressive opponent’s “pro-criminal extreme policies.”
Bryan Freedman, who is representing 24 extended family members of Kitty and Jose Menendez, said in a statement to the Daily Beast, “It’s time Erik and Lyle Menendez are released. For theirs and their family’s sake.”
“Childhood sexual abuse is not gender based, and a failure to recognize that sets an extremely dangerous precedent. Politics should not stand in the way of doing the right thing,” he said. “I would find it hard to believe Nathan Hochman would feel differently. The family of the victims and my firm will continue to exercise their victims rights and are cautiously optimistic that the DA, the DA elect, the Governor, and anyone committed to upholding true justice will join us.”
Gascón was elected amid the national outrage following a police officer murdering George Floyd in Minneapolis. During his term, Gascón barred prosecutors in his office from seeking the death penalty, ended prosecutions of juveniles as adults, and put a stop to cash bail for misdemeanors and nonviolent felonies.
“If I ask for a delay, it won’t be a delay for delay’s sake because I think the Menendez brothers, the victim family members, the public deserve to have a decision done as soon as it can be done in a thorough manner,” Hochman said to CNN.
He is set to take office on December 2, while a resentencing hearing for the Menendez brothers is set for December 11.
USC Gould School of Law professor Aya Gruber told the network that Hochman could withdraw the resentencing recommendation, but that it’s unlikely.
“Unless there’s some contingency that immediately bubbles up and says, ‘You know, this is horrible. This is a miscarriage of justice,’ I can’t imagine that this is going to be a priority for the new DA,” she added. “It’s definitely not going to be his first order of business.”
