The Menendez brothers’ case is back in the spotlight. Los Angeles County District Attorney Nathan Hochman announced Monday that he is seeking to withdraw a previous motion that could have opened the door for resentencing Lyle and Erik Menendez, who were convicted of murdering their parents in 1989.
At a news conference Monday, Hochman called the brothers’ self-defense claims “lies.” His office wants to keep their original life sentences without parole intact.
In a statement obtained by ABC News, Hochman backed his decision “based on the current state of the record and the Menendez brothers’ current and continual failure to show full insight and accept full responsibility for their murders.”
Hochman argued that if the Menendez brothers were truly remorseful, they should come forward and admit they lied about self-defense—something they have refused to do.
“If they were to finally come forward and unequivocally and sincerely admit and completely accept responsibility for their lies of self-defense and the attempted suborning of perjury they engaged in, then the Court should weigh such new insight into the analysis of rehabilitation and resentencing — as will the People,” the district attorney said.
For context, the brothers have always claimed they killed their parents because they suffered years of sexual abuse at the hands of their father, José Menendez. Prosecutors, however, believe the real motive was money—specifically, the Menendez family fortune.
Why is resentencing even on the table?
Former District Attorney George Gascón—who had a reputation for progressive criminal justice reform—said he believed the Menendez brothers deserved a chance at parole. He argued that they were young adults at the time of the murders and had since rehabilitated themselves in prison. Under his plan, their life sentences would be reduced to 50 years to life, making them immediately eligible for parole.
But then came the election. Gascón lost his race to Hochman in November, and Hochman—who took office in December—reversed course after reviewing the case files.
The court is still set to hold a hearing on resentencing on March 20 and 21, but it’s unclear how Hochman’s request to withdraw the motion will impact the case.
Meanwhile, the brothers are pursuing two other legal avenues to try to get out of prison. Last year, they filed a habeas corpus petition citing a letter from Erik sent to a cousin before the murders. In it he described the alleged abuse by his father José Menendez. However, Hochman has already called the evidence unreliable and requested to dismiss it.
The brothers also filed a clemency request, hoping that California Governor Gavin Newsom will grant them clemency. Newsom has not made a decision yet. On Feb. 26, he ordered a risk assessment to determine if they would be a danger to the public if released.
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