In their bid to seek a new trial or resentencing, Lyle and Erik Menendez have filed a blistering motion to disqualify the office of the District Attorney from participating in the proceedings.
“The record shows a conflict that renders it unlikely Erik and Lyle can receive a fair resentencing hearing, recusal is proper,” the 160-page filing states.
The case involving the famed brothers — who have served 35 years in prison for the 1989 murders of their parents, Jose and Kitty, at their Beverly Hills home — has featured various twists and turns over the past six months. In October, then-District Attorney George Gascón moved to reduce the brothers’ sentence from life without parole to 50 years to life. That reduction, if granted, would make the brothers immediately eligible for parole. But Gascón lost in the November election, and newly elected D.A. Nathan Hochman reversed course and withdrew Gascón’s resentencing recommendation.
“The views of the family as to continued punishment do not align with the views of the new District Attorney,” the motion says. “They are a full 180-degrees apart.”
Lawyers for the brothers laid out various conflicts involving Hochman, who “admitted that he had already spoken with Kathleen Cady, the lawyer representing Milton Andersen, the only family member to oppose resentencing. Less then two weeks later, it was Ms. Cady who Mr. Hochman selected to be the new head of the Department of Victim Services,” the motion states.
“The D.A.’s shenanigans in this case are next level gaslighting,” says Mark Geragos, an attorney for the brothers, tells Variety.
The filing slams the D.A. for not executing the wishes of the Menendez family.
“No-one from the District Attorney’s victim services department has contacted even a single one of the family members whose views conflicted with the views of Ms. Cady’s former client,” the motion continued. “These family members shared their consistent view that nearly 35 years in prison was enough and Erik and Lyle should indeed be resentenced.”
The high-profile Menendez brothers case has spawned numerous film and TV incarnations over the years, including Ryan Murphy’s top-rated “Monster” limited series on Netflix last fall.
Since October, the case has moved at a glacial pace. On April 17, the court postponed a hearing to consider the admissibility of the state parole board’s risk assessments, ordered by California Gov. Gavin Newsom, after Judge Michael Jesic acknowledged that he had not read the report. Prosecutors, who had seen the report, argued they should be able to use it, and filed to postpone the hearing so everyone could consider it.
In February, Gov. Newsom ordered the parole board to complete a risk assessment review of the Menendez Brothers as one of their steps toward a reduced sentence and potential freedom. The board finished the review, which prompted prosecutors to request a delay in the resentencing hearing.
“Although the People were directed not to disclose these reports due to the Governor’s Executive privilege and for other reasons, the Governor’s Office has invited the Court to request these documents for use at the resentencing hearing,” their filing read. “There is no legitimate reason why the court should not possess the most current and up to date risk assessments before making any resentencing decisions in this case.”
On April 11, the family of Kitty and José Menendez filed a formal complaint and motion to urge the D.A. to comply with the so-called Marsy’s Law after they were blindsided by graphic crime scene photos during a court hearing.
“We never imagined we would have to fight to be treated with respect and dignity,” the Menendez family wrote in a statement. “Without warning, the District Attorney’s Office displayed gruesome, graphic photos of our loved ones’ bodies. No heads-up, no compassion, no humanity. Our entire family was re-traumatized, first by the graphic display, and again when Terry was hospitalized shortly after. She remains in the ICU today.”
In Friday’s long-anticipated motion, attorneys for the brothers wrote: “Erik and Lyle Menendez are entitled to a fair resentencing process. Jose and Kitty Menendez’s family members — regardless of what position they take as to resentencing — are all entitled to a fair sentencing process. The public is entitled to a process that appears fair. Because the actions here raise ‘a reasonable possibility that the DA’s office may not exercise its discretionary function in an evenhanded manner’ and there is a genuine risk that Erik and Lyle will ‘be treated unfairly during some portion of the … proceedings’ recusal is required.”
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