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Los Angeles District Attorney Nathan Hochman has openly rejected a request for recusal in the resentencing case of convicted murderers Erik and Lyle Menendez. Describing the move as a ‘drastic and desperate step,’ Hochman firmly stands his ground in the ongoing legal battle.
In a formal response filed on Friday, Hochman asserted that the Menendez brothers are attempting to compel a recusal due to dissatisfaction with his office’s stance on their resentencing petition. Hochman articulated this position by stating that the defense’s maneuver lacks merit and diverts attention from the core issues at hand.
According to Hochman, the defense strategy appears to sidestep critical arguments related to the resentencing. ‘In this opposition, the District Attorney’s Office has indicated that the defense has chosen a route devoid of substance to push for recusal,’ Hochman noted. He further emphasized that the defense’s argument centers on their dissatisfaction with the current position of the District Attorney’s Office on the matter of resentencing, rather than sound legal grounds. He concluded that while such an argument may elicit sympathy in media interviews, it falls short in the realm of judicial proceedings.
Mark Geragos, the attorney representing the Menendez brothers, filed a motion on April 25 requesting Hochman’s recusal, citing a purported conflict of interest. The motion argues that Hochman possesses a fundamentally different perspective regarding resentencing, which could impede the fairness of the judicial process.
Geragos’s motion expressed concern that the prosecution maintains an approach dismissive of any claims of sexual abuse alleged by the defendants. ‘In the view of the prosecution, there was no sexual abuse at all. Resentencing is unwarranted since, although the defendants have confessed to the shootings, they insist on maintaining a history of sexual abuse that has been corroborated for decades,’ Geragos stated. He further argued that the District Attorney’s criteria for rehabilitation unjustly requires the defendants to renounce this documented history of abuse, which had previously influenced jury decisions.
Geragos added that the existing record reveals a conflict that could obstruct the Menendez brothers from receiving a fair resentencing hearing, supporting his call for Hochman’s recusal.
The push for recusal also references an attorney recently hired by Hochman. The situation escalated when former Los Angeles County District Attorney George Gascon suggested he might entertain a resentencing request from the Menendez brothers. Following this announcement, 20 family members engaged in discussions with deputy district attorneys Nancy Theberge and Brock Lunsford, expressing their support for the brothers’ resentencing.
However, the dynamics within the family are not entirely unified. One family member has expressed opposition to the resentencing, filing an amicus brief through attorney Kathleen Cady.
Geragos has alleged that Hochman reassigned Theberge and Lunsford knowingly, as they were seen as sympathetic to the Menendez brothers. Furthermore, he suggested that Hochman employed Cady, the attorney representing the sole family member against the resentencing motion, to lead the Office of Victims’ Services.
A hearing regarding this matter is set for Friday, with Los Angeles County Superior Court Judge Michael Jesic presiding over the proceedings.
The Menendez brothers remain incarcerated, serving life sentences without the possibility of parole after being convicted of murdering their parents, Mary ‘Kitty’ Menendez and Jose Menendez, back in 1989. They claim that years of sexual abuse by their father fueled their actions.
Fox News Digital has reached out to attorney Geragos for further comment on this evolving legal issue.
Peter D’Abrosca of Fox News Digital contributed to this report.
