Menendez Brothers' Attorneys Withdraw Motion to Remove LA County DA Nathan Hochman at Van Nuys Courthouse

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Updated May 9, 2025, 07:14 PM

Attorneys for Erik and Lyle Menendez, led by Mark Geragos, have withdrawn their motion to remove Los Angeles County District Attorney Nathan Hochman and his office from the brothers' resentencing case. The motion was retracted during a court hearing at the Van Nuys Courthouse, though the reason for the withdrawal was not immediately clear. Hochman, who opposes the resentencing of the Menendez brothers, had previously filed an opposition to the recusal motion, describing it as a 'drastic and desperate step' devoid of merit. He argued that disagreement with the prosecution's stance on resentencing does not constitute a conflict of interest. California Attorney General Rob Bonta sided with Hochman, stating that the defense had not adequately demonstrated a conflict of interest. The case stems from the 1989 murders of the brothers' parents, Jose and Kitty Menendez, for which they were sentenced to life in prison without parole in 1996. The defense has argued that the brothers acted in self-defense after years of sexual abuse by their father, while prosecutors contended the killings were motivated by a desire for inheritance. Former LA County District Attorney George Gascón had initiated a motion for resentencing in October, suggesting a reduction to 50 years with parole eligibility, citing modern understandings of sexual abuse and trauma, and the brothers' rehabilitation in prison. However, Hochman reversed this stance, stating the brothers have not fully accepted responsibility for their crimes. The Menendez family and their legal team have criticized Hochman's handling of the case, pointing to his demotion of prosecutors Nancy Theberge and Brock Lunsford who supported resentencing, and his hiring of Kathleen Cady, who previously represented Milton Andersen, a family member opposed to resentencing. Menendez cousin Tamara Goodell filed a complaint against Hochman for violating Marsy's Law. A state parole board risk assessment, ordered by Governor Gavin Newsom, is pending and will influence a potential clemency decision.

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Sources

ktla.com(2)abc7.com(2)twitter.com(2)foxla.com(2)

Los Angeles Times

@latimes

Menendez brothers' bid for freedom set to reach a courtroom next week https://t.co/MP5eqY8IKz

ABC 7 Chicago

@ABC7Chicago

Erik and Lyle Menendez's attorneys rescinded their request to have the Los Angeles County district attorney removed from their resentencing case. https://t.co/5sd8B9iBuZ

KTLA

@KTLA

UPDATE: The defense attorney for Erik and Lyle Menendez withdrew a motion Friday to remove the L.A. County district attorney from the case involving the possible resentencing of the brothers. https://t.co/Z0gl6XDFmg