The Los Angeles District Attorney has announced his opposition to the resentencing of the notorious Menendez brothers, a move that could have paved the way for their freedom.
District Attorney Nathan Hochman’s decision marks a departure from his predecessor who had sought to have the brothers resentenced and considered for parole. Both brothers are serving life sentences.
Lyle and Erik Menendez, who were convicted of killing their parents in 1989, have long maintained that the murders were driven by years of sexual and physical abuse, rather than financial gain.
Hochman argued that the brothers’ claims of self-defence was part of a litany of “lies”.
A California judge is set to consider the option of resentencing the brothers on 20 and 21 March.
Speaking at a news conference on Monday, Hochman outlined much of the criminal case, the defences the brothers had taken and the alleged lies he said they continued to stand by.
He said the brothers had not demonstrated true accountability, citing their continued insistence that the killings were an act of self-defence because they believed their parents were planning to kill them.
“They have not shown full insight into their crimes,” Hochman said, adding that their self-defence claim was “fabricated.”
Hochman’s predecessor, George Gascón, had pushed to reduce the Menendez brothers’ sentences to 50 years to life, which would have made them immediately eligible for parole.
On Monday, newly elected District Attorney Hochman moved to rescind that request, arguing the brothers’ meticulously planned the murders and attempted to cover up the crime.
In his court filing, Hochman presented detailed evidence of the brothers’ planning of the murders, contrasting sharply with Gascón’s stance.
Gascón, known for his progressive approach to criminal justice, had argued the brothers had been rehabilitated during their three decades behind bars—earning college degrees and establishing prison programs to aid fellow inmates.
Hochman suggested the brothers’ resentencing request could only be reconsidered if they fully admitted to fabricating their self-defence claims. He said the Menendez brothers had “acknowledged” only four of 20 alleged lies they told about the case.
He emphasised how they repeatedly changed their account of events—initially denying involvement and suggesting their parents were victims of a Mafia hit. The truth about their culpability emerged after Erik Menendez confessed to his therapist, whose recorded session was later handed over to law enforcement.
“They convinced, not just the media, not just the police, but their family and their friends that they were 100% innocent of these crimes, until eventually these tapes came out,” Hochman said.
Menendez brothers attempt 3 paths to gain freedom
The resentencing bid is one of three avenues the Menendez brothers have been working on in hopes of gaining their freedom.
They’ve asked for a new trial but Hochman has said his office will oppose the request.
The brothers have also asked California Governor Gavin Newsom for clemency, which could mean a reduced sentence or even a pardon.
Newsom has ordered the parole board to conduct a risk assessment to examine whether the brothers are a danger to society – one step in a broader process that could lead to clemency.
Much of the Menendez family has been pushing for the brothers to be released, holding news conferences, appearing at court hearings and meeting with prosecutors in the case.
But after meeting Hochman about the case, one family member accused the new district attorney of a “hostile, dismissive and patronizing tone” in a complaint filed with the state’s department of corrections and rehabilitation, US media reported.
Tamara Goodell, a cousin of the brothers, said in the complaint that Hochman violated her rights as a victim and accused him of having a bias against Erik and Lyle Menendez.
At least one member of the family has publicly come out against the bids for their freedom.
A lawyer for Kitty Menendez’s brother, Milton Andersen, has called the killings “cold-blooded” and said the murders “shattered their family and left a trail of grief that has persisted for decades.”
Mr Andersen has said he believes his nephews should stay in prison for their “heinous act”, said the lawyer, Kathy Cady.
By BBC News
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